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Agenda 08-07-18 The City of wr Boynton Beach y City Commission Agenda Tuesday, August 7, 2018, 6:30 PM Chamber - City Hall 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting - 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.boynton-beach.org Page 1 of 1675 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 1675 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation - Pledge of Allegiance to the Flag led by Commissioner Justin Katz 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. Announcement by Andrew Mack, Director of Public Works and Engineering, regarding moving dates and temporary locations of City Hall, Police Station, and Library due to the Town Square Project. B. Announce upcoming Sara Sims Park Project Vendor Fair on August 8, 2018 to be held at Intracoastal Park Clubhouse, 2240 N Federal Highway beginning at 8:OOam and ending at 10:00am. 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: 1 Reg and 2 Alts Planning & Development Bd: 1 Alt Recreation and Parks Bd: 1 Reg Senior Advisory Bd: 1 Alt B. Commission to discuss the following: • Moving the September 4, 2018 Commission meeting to Thursday, September 6, 2018 in order to hold the First Public Hearing on the FY 18/19 Budget; • Schedule a Special Commission meeting on Tuesday, September 11, 2018 at 6:OOpm prior to the CRA meeting to consider a Final Fire Assessment Rate Resolution; and • Schedule a Special Commission Meeting on Thursday, September 20, 2018 to hold the Second and Final Public Hearing on the FY 18/19 budget. All to be held at Intracoastal Park Clubhouse 6. CONSENTAGENDA Page 3 of 1675 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. R18-097- Commemorating 50 years of Home Rule for municipalities in Florida. B. PROPOSED RESOLUTION NO. R18-098- Authorize the Mayor to sign an agreement between City of Boynton Beach and Boynton Beach Bikeshare LLC for the financing, implementation, management, operation and marketing of a self-service bike sharing system. C. PROPOSED RESOLUTION NO. R18-099- Authorize the City Manager to sign a security agreement between The School Board of Palm Beach County, Florida and the City of Boynton Beach to provide Law Enforcement Agency Officers at schools within Boynton Beach while the School District works to hire additional full-time school police officers. D. PROPOSED RESOLUTION NO. R18-100- Authorize the Mayor to enter into a Interlocal Agreement between the City and Boynton Beach Community Redevelopment Agency to fund intersection enhancements associated with Florida Department of Transportation's US 1/Federal Highway Project. PROPOSED RESOLUTION NO. R18-101 - Authorize the Mayor to enter into a Landscape Maintenance Memorandum of Agreement between the City and Florida Department of Transportation to agree to fund and maintain the intersection enhancements, subject to final approval by City Attorney. E. PROPOSED RESOLUTION NO. R18-102- Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) application for funding authorizing the City Manager's execution and the activities submitted in the City of Boynton Beach's One Year Action Plan for FY2018-2019. The anticipated Community Development Block Grant allocation is $544,399, and the re-appropriation of non-expended funds from previous year allocation is $200,000. F. PROPOSED RESOLUTION NO. R18-103 - Authorize the City Manager to sign multiple agreements as a result of RFQ No.: 046-2821-17/TP for General Consulting Services for five (5) Scope Categories to be executed based on individual task orders in compliance with the purchasing policies and procedures. G. PROPOSED RESOLUTION NO. R18-104- Approve the rankings as recommended by the Selection Committee and authorize the City Manager to sign contracts with the four (4) top ranked proposers: Hatcher Construction & Development, Inc., E&F Florida Enterprises, Inc. d/b/a Creative Contracting Group; Republic Construction Group; and ANZCO, Inc.; in order to establish a pre-qualified list of vendors in accordance with Request for Qualifications (RFQ) No. 018-2511-18/IT "Pre-Qualification of Contractors for Minor Construction Services" and authorize the City Manager to award individual projects not exceeding $75,000. H. PROPOSED RESOLUTION NO. R18-105- Approving payment of per capita member dues to the Palm Beach Transportation Planning Agency beginning with Fiscal Year 2019. I. PROPOSED RESOLUTION NO. R18-106- Authorize the City Manager to sign an agreement with Advanced Data Processing, Inc. a subsidiary of Intermedix Corporation utilizing the Volusia County Contract for Public Emergency Medical Transportation (PEMT) billing. J. PROPOSED RESOLUTION NO. R18-107- Authorize the City Manager to sign the grant award agreement and all related documents to accept the Assistance to Firefighters grant from the Department of Homeland Security in the amount of$81,931. K. PROPOSED RESOLUTION NO. R18-108- Authorize Mayor Grant to sign the Hazard Mitigation Program (HMGP) grant application, requesting $637,500 for the Lakeside Gardens Drainage Improvements project with $212,500 match from Boynton Beach Utilities for a total project cost of$850,000. Page 4 of 1675 L. Award Bid No. 021-2821-18/IT for "Furnish and Install Water Service Connections and Restoration" to Line-Tec of Delray Beach, FL, as the lowest responsive and responsible bidder for Bid items 1 thru 19 and optional items 1 thru 5, in the estimated annual expenditure of $25,000. The initial term of the bid will begin on date of award and will terminate one year from that date. This bid may be renewed for four (4) additional one-year terms subject to vendor acceptance and determination that renewal is in the City's best interest. Future renewals will be brought forward to City Commission for approval. This bid will be utilized on an "As Needed/As Required Basis." M. Approve an increase of $40,000 to the existing purchase order for sodium chloride with Morton Salt utilizing the previously approved Palm Beach County Bid No.16-043/ZG which expires August 19, 2018. This will bring the total approved expenditure to $165,000 for the year. N. Approve utilizing Palm Beach County Contract # 150899 with Seacoast Embroidery Inc. and PRIDE Enterprises for the purchase of uniforms for general employees with an estimated annual expenditure of $30,000 and authorizing the City Manager to sign a contract with Seacoast Embroidery Inc. and PRIDE Enterprises. The Palm Beach County's procurement process satisfies the City's competitive bid requirements. O. Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY17/18. P. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the eight (8) month period ended May 31, 2018. Q. 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 August 7, 2018 - "Request for Extensions and/or Piggybacks." R. Approve the minutes from City Commission meeting held on July 17, 2018. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R18-109- Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with Beltmann Group, Inc. of Pompano Beach, FL for RFP No. 015-1210-18/IT for Municipal Complex Relocation Services. The estimated cost for this move is $200,000; however, the final cost will not be known until the City determines exactly what will be moved and the vendor can calculate costs based upon the fixed firm pricing obtained thru this RFP. The scope of this RFP also provided that upon completion of the Town Square project, the City would require moving services from the temporary locations to the new buildings. B. Approve an increase to Johnson Controls Fire Protection formerly Simplex Grinnell for contractual fire alarm/sprinkler system services and repairs under the Sourcewell formerly NJ PA Contract 031517-SGL from$24,000 to $100,000. C. Award Bid No. 010-2512-18/IT to the two (2) lowest responsive and responsible bidders, Atlantic Southern Paving and Sealcoating, LLC of Sunrise, Florida as Primary Vendor and M&M Asphalt Maintenance Inc. d/b/a All County Paving of Delray Beach, Florida as Secondary Vendor, for Asphalt and Sidewalk Restoration, in the estimated annual amount of $3,000,000.00. The initial contract period starts on the date of award and terminates one year from that date contingent upon receipt and approval of insurance and applicable payment and performance guaranties. D. Approve the City of Boynton Beach utilizing the Palm Beach County Bid No. 18-069/MB for the purchase of Sodium Chloride, Solar Salt Quality, with Morton Salt, Inc. Palm Beach County complied with public bid requirements equal to and/or exceeding the City of Boynton Beach requirements. The anticipated expenditure for the purchase of sodium chloride for a one-year period is$160,000. E. PROPOSED RESOLUTION NO. R18-110- Approve utilizing the City of Cape Coral, FL contract with Shrieve Chemical Company based on their Bid No. UT18-57/MC for Sulfuric Acid with the same terms, conditions, specifications and pricing, and authorize the City Manager to Page 5 of 1675 sign a contract with Shrieve Chemical Co. The anticipated annual expenditure for the purchase of sulfuric acid is $100,000. 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. 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Approve the use of $200 of Vice Mayor Romelus's Community Support Funds to assist Digital Vibez, I nc. B. Approve the use of $200 of Mayor Grant's Community Support Funds to assist New Era Prep Inc. with a student athlete event. New Era Prep is committed to investing in students and athletes through leadership projects and community services. C. PROPOSED RESOLUTION NO. R18-111 - Authorize the City Manager or designee to sign any documents related to securing a loan from Dougherty Funding LLC to provide funds to finish the renovation of the High School for an estimated loan amount of$6.85M. 12. LEGAL A. PROPOSED RESOLUTION NO. R18-112 - Authorize the City Manager to enter into a Purchase and Development Agreement between the City of Boynton Beach and Habitat for Humanity of South Palm Beach County for acquisition of vacant lots along NW 11th Avenue (Model Block), subject to final approval by City Attorney. PROPOSED RESOLUTION NO. R18-113- Authorize the City Manager to enter into a Purchase and Development Agreement between the City of Boynton Beach and Boynton Beach Faith-Based Community Development Corporation for acquisition of vacant lots along NW 11th Avenue (Model Block), subject to final approval by City Attorney. B. PROPOSED ORDINANCE NO. 18-019 - FIRST READING - City Commission to consider amending Part 11, Chapter 2, Article I of the Code of Ordinances to create a new subsection prohibiting board member lobbying. C. PROPOSED ORDINANCE NO. 18-020 - FIRST READING - Approve amendments to the regulations governing the methodology used for approving the Utility rates governing water, wastewater (Chapter 26-9), reuse water (Chapter 26-508), and the stormwater assessment fee (Chapter 26-403); allowing rates to be set annually by resolution of the Commission. D. 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 - STAFF RECOMMENDS ITEM REMAIN TABLED) E. 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. (TABLED -- STAFF RECOMMENDS ITEM REMAIN TABLED) F. PROPOSED ORDINANCE NO. 18-018 - SECOND READING - PUBLIC HEARING - Page 6 of 1675 Approve amendments to the Land Development Regulations Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes) thereby removing the "pilot" program status. City-initiated. 13. FUTURE AGENDA ITEMS A. Update from staff on status of allowing dogs on the beach -August 21, 2018 B. Approved JR Watersports Expansion (COUS 18-003 / MSPM 18-005) request for Conditional Use and Major Site Plan Modification for the expansion of the abutting business, including refurbishing of an existing 2,413 square foot building and associated site improvements on 711 N. Federal Highway, in the C-4 (General Commercial) zoning district. Applicant: Michael Wood. - August 21, 2018 C. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- TBD D. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park E. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD F. 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 7 of 1675 1.A. OPENING ITEMS 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation - Pledge of Allegiance to the Flag led by Commissioner Justin Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 8 of 1675 2.A. OTHER 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 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 9 of 1675 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Announcement by Andrew Mack, Director of Public Works and Engineering, regarding moving dates and temporary locations of City Hall, Police Station, and Library due to the Town Square Project. EXPLANATION OF REQUEST: It is important for the public to know that as the City undergoes the Town Square redevelopment project, City departments will be moving out of their current buildings and relocating to temporary spaces until the project is complete. The following customer-oriented service departments' move dates, occupy dates, and temporary locations are as follows: Customer Service Closing: August 10 Opening: August 13 Location: 209 N. Seacrest Blvd. Development/Permitting Closing: August 31 Opening: September 4 Location: 3301 Quantum Blvd. Police Department- Records/I nternal Affairs Closing: September 23 Opening: September 24 Location: 209 N. Seacrest Blvd. City Library Closed: July 12 Opening: August 13 Location: 115 N. Federal Hwy. A complete list of all the City department moves and temporary locations is available on the City's website at Boynton-Beach.org/Town-Square. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The public will be kept informed of the moving dates and temporary locations through public communications that will include water utility inserts, social media posts, website, flyer/postcard distribution (public facilities, events, programs, code compliance and police personnel), email distribution, signage and press releases. For public inquiry/comments, an email (TownSquare@bbfl.us) has been created. In addition, there is an inquiry/comment submission form on the website. A dedicated phone line has also been established. Page 10 of 1675 FISCAL IMPACT: Budgeted ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: Redevelop Downtown STRATEGIC PLAN APPLICATION: Town Square is a major redevelopment project within Downtown Boynton. CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 11 of 1675 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Announce upcoming Sara Sims Park Project Vendor Fair on August 8, 2018 to be held at Intracoastal Park Clubhouse, 2240 N Federal Highway beginning at 8:00am and ending at 10:00am. EXPLANATION OF REQUEST: On August 8, 2018, there will be a Sara Sims Park Project Vendor Fair in order to secure local contractors to quote and formally bid on the park project components: fencing, earthwork, utilities, electrical, paving, sidewalks, landscaping & irrigation, signage, and plumbing. 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: ATTACHMENTS: Type Description D Addendum Sara Sims Park Vendor Fair Post Card Page 12 of 1675 4t r 6f 5 c r 1616 co i uU m -- LL � m O zzU � M = Q - N Q a 0 w luo a }' >, ° = o m� Q m0 O v CcZ = o 41 i • 0 c Cly m a o � Q -0 _ � Za m NIL " 0 W E 0 0Z • n o � Q 0 M0 Uo rn . . i ' L �+ 0 = N • LL o C • Q • E• •• v • •• a 3 41a) °o Q o 2 vi cn 3 n3 = Q U N i 4 C a) oo \r/ m° vj a) +� i 3 •O Q Q O u — N O U a) 3 N N a (D N m _� — O O _O U a) U Oa) c coO M — U >, Q- N i O Q n3 Or- a) 4� O -0 a) a) O O 3 U) m � a) rZ � Q -0 U M 4� U 3 [p 4 5.A. ADMINISTRATIVE 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 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: 1 Reg and 2 Alts Planning & Development Bd: 1 Alt Recreation and Parks Bd: 1 Reg Senior Advisory Bd: 1 Alt 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 1675 ATTACHMENTS: Type Description D Other Appointments D Other Bonnell Application D Other Cwynar Application D Other De\Ain Application D Other Fagan Application D Other Lee Application Page 16 of 1675 APPOINTMENTS AND APPLICANTS FOR AUGUST 7, 2018 Arts Commission II McCray Alt 2 yr term to 12/19 1 Katz Alt 2 yr term to 12/19 Tabled (3) Applicants None Building Board of Adjustments and Appeals 11 McCray Alt 2 yr term to 12/19 Tabled (2) III Romelus Alt 2 yr term to 12/19 IV Casello Reg 3 yr term to 12/18 Applicants None Planning and Development Board 11 McCray Alt 2 yr.term to 12/18 Applicants Kalina Bonnell Thomas Devlin Recreation & Parks Board IV Casello Reg 2 yr term to 12/19 Applicants Kevin Lee Eugene Fagan Ann Cwynar Senior Advisory Board IV Casello Alt 2 yr term to 12/19 (Tabled 2) Applicants None Page 17 of 1675 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 18 of 1675 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 19 of 1675 i Ellis, Shayla From: amc <noreply@123formbuilder.io> Sent: Monday, April 23, 2018 3:00 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 04/23/2018 Name Ann Cwynar Gender Female Phone number 561-732-6340 Address 2701 S.W. 8th Street Boynton Beach Fl 33435 z United States rl Email amc@instasign.com Current occupation or, if , retired, prior occupation retired teacher ; .. e`er Education College Graduate 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 p convicted of a crime? �" If"yes",when and where? Advisory Board Recreation& Parks Board Personal Qualifications I am a college graduate. I am retired after a 30 year teaching career. I also serve on the Education Practices Commission for the state of Florida. I have also lived in Boynton Beach since 1974. Professional Memberships Page 20 of 1675 S 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 76.108.69.58(United States) at 2018-04-23 14:00:21 on Whone unknown Entry ID:267 Referrer: m.facebook.com Form Host:www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 21 of 1675 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 22 of 1675 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 23 of 1675 Ellis, From: eugene <noreply@123formbuilder.io> Sent: Monday, June 04, 2018 3:40 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Profile_E_Fagan_1_page.pdf Today's date 06/04/2018 Name eugene fagan fagan Gender dale Phone number 561-385-4514 Address 101 S. Federal Hwy APt 319 Boynton Beach Florida 33435 United States Email eugene@asantearchitects.com Current occupation or, if retired, prior Architect occupation Education B-Design, & B-Architecture p< . Are you a i registered voter? Yes z M m Do you reside CO rl within the Boynton Yes # =; Beach City limits? Do you own/manage a business within No City limits? If"yes", name of asante architects 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? i Page 24 of 1675 Have you ever been convicted of a No crime? If"yes",when and where? Advisory Board Recreation& Parks Board Personal Qualifications Professional Memberships Feel free to attach/upload an wwv; 123formbuilder,coin/upload dld.php?flleid=lc065c475fl l9l381ff35d2f42046cfe 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 5.62.49.43 (United Kingdom)at 2018-06-04 14:40:06 on Chrome 67.0.3396.62 Entry ID:273 Referrer:www.boynton-beach.org/boards-and-committees Form Host:www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 25 of 1675 EUGENE R FAGAN III ARCHITECT Technical Principal A R C H I T E C T S EXPERIENCE Eugene R. Fagan III is a Licensed Florida Architect with a focus on producing well-coordinated drawings to assist all building construction practices and management. E Eugene expertise includes three-dimensional, real-time, ��;, dynamic building modeling software to increase productivity in building design and construction. ���,,�FrjjyyzI� His 30 years of experience includes: • Master Planning of 4 square miles of southern Belle '` Glade mixed uses projects. , ' • Design of public and private elementary schools, high schools and higher education buildings in the United States and worldwide. • Design of commercial facilities, office buildings, CATION shopping centers,and interior office improvements. Bachelor EDUCATION Design • Design of high end multistory condominiums,work force apartments buildings, low income public assistant housing, University of Florida and senior assisted living facilities. Bachelor of Architecture • Design of custom residences. Louisiana Technical University • Design of government buildings for the Palm Beach County Housing Authority, Riviera Beach Housing Authority, South Florida Water Management District, and the East AWARDS 8 CITATIONS Central Regional Water Reclamation Facility. Palm Beach County Housing Authority He is an adjunct professor at Palm Beach State 2017 College where he teaches AutoCAD/Desktop/Architecture, and Revit BIM. In addition to his practice in South Florida, Eugene has PROFESSIONAL REGISTRATIONS dedicated and contributed his expertise on a pro bono Florida Architect ARl 1668 basis throughout the world for many projects including: Expansion of SECTA University in Guatemala City, design and master plan church and school for Mona Mission in Escuintla, Guatemala, design and master plan Westminster Samfra College in Zabia and design and plan Children4School PROFESSIONAL AFFILIATIONS primary education facility in Dodma,Tanzania. National Council Architecture and Registration Board Asante Architects Ilc is located at 4722 NW Boca Raton Boulevard, C106, Boca Raton, FL 33431, Page 26 of 1675 Ili , Shaxla From: kevin <noreply@123formbuilder.io> Sent: Thursday, April 26, 2018 9:43 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 04/26/2018 Name Kevin Lee Gender Male Phone number 202-455-0022 Address 943 Sunset Rd. Boynton Beach FL 33435 United States Email kevin@bluewatertechnologies.com Current occupation or,if Sr. Software Engineer retired, prior occupation Education BSBA - Management, BSBA- Finance Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a Yes business within City limits? If"yes",name of business: Relic Shack 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? Advisory Board Recreation& Parks Board Personal Qualifications Boynton resident of 14 years with family. Highly invested in area with a long term focus. I have a strong passion for our parks and desire to give back to our community. I have spent a lifetime of studying culture and helping preserve Native American history. I'm an active member of Delray Beach Police Benevolent Association. i Page 27 of 1675 Strategic planner and advanced problem solver. Proven business experience with technical start-up taken to NASDAQ. (Technology and intellectual property now owned by Google.) 14 years of solving problems for a wide range of state and federal government entities including: the US Dept. of Defense, US Dept., of the Interior, US Congress and the State of Florida. 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 76.108.55.0(United States)at 2018-04-26 20:42:57 on Chrome 65.0.3325.181 Entry ID: 269 Referrer: nextdoor.com/ Form Host:www 123formbuilder com/form-583214/Advisory-Board-Appointment-Application 2 Page 28 of 1675 5.B. ADMINISTRATIVE 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Commission to discuss the following: • Moving the September 4, 2018 Commission meeting to Thursday, September 6, 2018 in order to hold the First Public Hearing on the FY 18/19 Budget; • Schedule a Special Commission meeting on Tuesday, September 11, 2018 at 6:00pm prior to the CRA meeting to consider a Final Fire Assessment Rate Resolution; and • Schedule a Special Commission Meeting on Thursday, September 20, 2018 to hold the Second and Final Public Hearing on the FY 18/19 budget. All to be held at Intracoastal Park Clubhouse 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 29 of 1675 6.A. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-097- Commemorating 50 years of Home Rule for municipalities in Florida. EXPLANATION OF REQUEST: This year marks the 50th anniversary of Constitutional Home Rule. Florida voters ratified this authority in the 1968 Florida Constitution giving cities the right to perform municipal functions and deliver services without express permission from the State, except as otherwise provided by law. Over the last few years, the Florida legislature has challenged this philosophy by pursuing numerous measures that seek to undermine local decision-making and hamstring municipal officials from doing the jobs they were elected to do effectively. The Home Rule authority makes cities essential to the quality of life Floridian enjoy on a daily basis. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Not cognize the 50 years STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution supporting 50 years of Home Rule Page 30 of 1675 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 4 HONORING FIFTY YEARS OF MUNICIPAL HOME RULE IN THE 5 FLORIDA CONSTITUTION AND COMMITTING TO AN 6 EDUCATIONAL INITIATIVE TO HELP FLORIDIANS 7 UNDERSTAND THIS BENEFICIAL RIGHT; PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, Florida's voters placed municipal Home Rule powers into the Florida 11 Constitution on November 5, 1968, during the regular elections as an amendment to Article 12 VIII; and 13 14 WHEREAS, this power has enabled each city, town and village across the Sunshine 15 State to consider, adopt, revise or remove its own laws without the need to seek legislative 16 permission from the state and has further served as the foundation upon which every 17 municipality builds its governmental structure; and 18 19 WHEREAS,the political climate within the Florida Legislature has recently included 20 many attacks on these powers; and 21 22 WHEREAS, grassroots measures calling such actions wrong and declaring that local 23 decisions be made at the local level by local officials must continue so that all legislators 24 clearly understand Florida's Home Rule as a constitutional power and one upheld in state 25 statutes; and 26 27 WHEREAS, a 50th anniversary is a fitting time for all municipalities to engage their 28 respective citizens to educate them about the Florida Constitution and local laws, so that all 29 Floridians may continue to receive the many benefits of Home Rule. 30 31 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33 34 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption 36 hereof. 37 38 Section 2. That this anniversary presents a tremendous opportunity to educate all 39 citizens about Florida's Constitution, municipal government and Home Rule authority, and that 40 all necessary resources shall be provided for such public information. 41 42 Section 3. That the City will actively challenge all efforts to reduce or erode this 43 cherished right and further employ all efforts to ensure state and federal government partners 44 understand that a one-size-fits-all approach to governance is not in the interests of Florida C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\36160EF9-C012-4E7F-9993-3D3F9DD5A294\Boynton Beach.11649.1.Home_Rule_Resolution.Docx Page 31 of 1675 45 citizens. 46 47 Section 4. That the tradition of local decision-making in Florida is essential to 48 protect, as it provides each municipality the ability to preserve and enhance the myriad 49 characteristics that make each one uniquely special and that maintains its quality of life. 50 51 Section 5. That the City will include this information on its website, as a regular agenda 52 item for public discussion and within the City of Boynton Beach's services in as many outreach 53 venues as possible. 54 55 Section 6. This Resolution shall become effective immediately upon passage. 56 57 PASSED AND ADOPTED this day of , 2018. 58 CITY OF BOYNTON BEACH, FLORIDA 59 60 YES NO 61 62 Mayor— Steven B. Grant 63 64 Vice Mayor— Christina L. Romelus 65 66 Commissioner—Mack McCray 67 68 Commissioner—Justin Katz 69 70 Commissioner—Joe Casello 71 72 73 VOTE 74 ATTEST: 75 76 77 78 Judith A. Pyle, CMC 79 City Clerk 80 81 82 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\36160EF9-C012-4E7F-9993-3D3F9DD5A294\Boynton Beach.11649.1.Home_Rule_Resolution.Docx Page 32 of 1675 6.B. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-098-Authorize the Mayor to sign an agreement between City of Boynton Beach and Boynton Beach Bikeshare LLC for the financing, implementation, management, operation and marketing of a self-service bike sharing system. EXPLANATION OF REQUEST: A bike-sharing 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. This agreement with Boynton Beach Bikeshare LLC is for a docked system wherein bikes are checked out and returned to permanent docking stations. Boynton Beach Bikeshare LLC agrees to be responsible for the design, implementation, management, operation and maintenance of a the bike-sharing system within the boundaries of the City subject to the terms and conditions set forth in this Agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Establishing a bike-sharing system will help to achieve the City's goals of increasing mobility, expanding transportation options, promoting active lifestyles, reducing traffic congestion, and reducing greenhouse gas emissions. FISCAL IMPACT: Non-budgeted There is no fiscal impact to the City as all costs for the bike-sharing system will be borne by the Operator. ALTERNATIVES: Do not approve the resolution. STRATEGIC PLAN: Transportation and Mobility STRATEGIC PLAN APPLICATION: Bike-sharing contributes to the strategic goal to: Connect the community through safe, accessible, and multi-modal systems that improve the quality of life in Boynton Beach. CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan 2015 Revision, 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 Sharing programs, a high-occupancy vehicle incentive program, preferred employee parking incentives and Commute Trip Reduction programs Is this a grant? No Page 33 of 1675 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Bike Share Agreement D Agreement B i keshare Agreement Page 34 of 1675 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR TO SIGN AN AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND BOYNTON BEACH 7 BIKESHARE LLC., FOR THE FINANCING, 8 IMPLEMENTATION, MANAGEMENT, OPERATION 9 AND MARKETING OF A SELF-SERVICE BIKE 10 SHARING SYSTEM; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, a bike-sharing system is an automated system in which bicycles are 15 made available for shared use via membership subscriptions or short-term rentals to 16 individuals who do not own them; and 17 WHEREAS, establishing a bike-sharing system will help to achieve the City's goals 18 of increasing mobility, expanding transportation options, promoting active lifestyles, 19 reducing traffic congestion, and reducing greenhouse gas emissions; and 20 WHEREAS, the Agreement is for a docked system wherein bikes are checked out 21 and returned to permanent docking stations. 22 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 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 approves and authorizes the Mayor to sign an 29 Agreement with Boynton Beach Bikeshare LLC., for the financing, implementation, 30 management, operation and marketing of a self-service bike sharing system, a copy of the 31 Agreement is attached hereto as Exhibit"A". C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\CE3F0358-1521-4335-B15F-F31BFC7A2FA8\Boynton Beach.11644.1.Agreement_For Bikeshare_Program -_Reso.Doc Page 35 of 1675 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 49 VOTE 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\CE3F0358-1521-4335-B15F-F31BFC7A2FA8\Boynton Beach.11644.1.Agreement_For Bikeshare_Program -_Reso.Doc Page 36 of 1675 CITY OF BOYNTON BEACH, FLORIDA CORPORATE PARTNERSHIP PROGRAM AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH BIKESHARE LLC FOR THE FINANCING, IMPLEMENTATION,MANAGEMENT, OPERATION AND MARKETING OF A SELF-SERVICE BIKE SHARING SYSTEM Page 37 of 1675 AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH BIKESHARE LLC FOR THE FINANCING, IMPLEMENTATION, MANAGEMENT AND OPERATION OF A SELF-SERVICE BIKE SHARING SYSTEM This Agreement (Agreement), effective upon execution by authorized representatives of both parties (Effective Date), is made and entered into by and between the City of Boynton Beach, Florida (CITY), a Florida municipal corporation with its principal place of business located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, and Boynton Beach Bikeshare LLC ("BBB LLC"), a Florida corporation with its mailing address at 33 West 26th Street, 5th Floor, New York, NY 10010 (collectively, the Parties). WHEREAS, the CITY's has expressed an interest in assisting BBB LLC to develop and fund a bicycle sharing program for use and enjoyment in the City of Boynton Beach; and WHEREAS, the CITY mobility, sustainability, health, economic, and social goals support policies that will help bicycling become a more viable alternative mode of transportation, to connect to transit, and for recreation, including providing safe, convenient, and adequate short-term and long-term bicycle parking facilities and other bicycle amenities for employment, retail, multifamily housing, schools and colleges, and transit facility uses; providing bicycle facilities and amenities to help reduce the number of vehicle trips; and investigating the potential for bike sharing stations/programs in medium/higher density areas; and WHEREAS, bike sharing programs tend to provide affordable access to bicycles for short- distance trips in urban areas, to provide an alternative to motorized public transportation or private vehicles, to help reduce traffic congestion, parking congestion, noise, and air pollution, to connect users to public transit networks, to address some of the primary disadvantages to bicycle ownership such as loss from theft or vandalism, lack of parking or storage, and maintenance, and are a favorable amenity for visitors; and WHEREAS, the June 2012 report issued by the Mineta Transportation Institute, "Public Bike sharing in North America: Early Operator and User Understanding,"found that bike sharing results in fewer vehicle miles traveled, reduces greenhouse gas emissions, and creates green jobs related to system management and maintenance; and WHEREAS, the BBB LLC is interested in working with the CITY to develop a bike sharing program (Program) based upon the followinggoals: • Provide a transportation alternative to driving for Boynton Beach residents, commuters, and visitors; • Facilitate an increase in transit use by providing a last-mile solution for commuters; • Contribute in the reduction of vehicle trips and traffic; 1 Page 38 of 1675 4es; Make bicycle travel a viable option for people without bikes or place to store • Encourage new bicycle commuters; • Promote commerce in the City of Boynton Beach by enhancing access to business,shopping, dining and entertainment venues; • Create an integrated system that can expand to other areas of the region; and WHEREAS, the CITY hereby agrees to make all reasonable efforts to assist BBB LLC to secure and procure all governmental approvals, permits, authorizations, filings and any other required governmental consent; and WHEREAS, absent this Agreement, the CITY would otherwise be responsible for providing all necessary funding for the creation, implementation and operation of the Program; and WHEREAS, BBB LLC will provide funding and management oversight for the Program pursuant to the terms of this Agreement and has engaged a team of professionals that specialize in the design, development, manufacture and operation of public bike sharing programs and systems for municipalities and other entities and currently operates bike sharing systems in various municipalities; and WHEREAS, BBB LLC submitted a proposal which demonstrates both its interest and ability to fund the program, and which has contracted with a qualified and experienced team to implement, manage and operate a self-service bike sharing system within the CITY boundaries; and WHEREAS. the CITY has determined that BBB LLC's proposal meets the objectives of and is otherwise in the best interests of the CITY; NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein, and for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Section 1 Scope BBB LLC agrees to be responsible for the design, implementation, management, operation and maintenance of a self-service Bike sharing System within the boundaries of the CITY subject to the terms and conditions set forth in this Agreement. In connection with the Bike sharing System, BBB LLC shall have the right to be designated and referred to as an "Official Bike sharing Partner of the City of Boynton Beach." Section 2 Definitions For the purpose of this Agreement, the following terms shall have the following meanings: 2 Page 39 of 1675 "Alternative Site Locations" shall mean Bike sharing Stations placed on private property, in another municipality's right of way, or on property that is controlled or managed by an entity other than the CITY. "Average Program Usage" (APU) shall mean the average number of bicycle trips per day per Kiosk during a given calendar month. "Average Theft-Vandalism Rate" (ATVR) shall mean the average number of acts of theft or vandalism per Kiosk during a given calendar month. "Bike sharing Station" or "Station" shall mean the following items located within a Station Area: docking structure, Kiosk, map display and system bicycles. "Bike sharing System" or "System"shall mean 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. As used herein, Bike sharing System shall specifically mean the Bike sharing System that is the subject of this Agreement. "City" shall mean the City of Boynton Beach. "Contract Year" shall mean a 365-d a y period commencing on the month and day of the first Operational Rollout or anniversary thereof. "Effective Date" shall mean the date this Agreement has been signed by both parties and approved by the CITY Attorney. "High-Risk Station Area" shall mean any Station Area that experiences a rate of theft and/or vandalism that is higher by 50% or more than the Average Theft-Vandalism Rate; or as may otherwise be reasonably demonstrated by BBB LLC and agreed to by CITY. "Implementation Plan" shall mean the plan prepared by BBB LLC and approved by the CITY for installation of the Station Areas and Operational Rollout, as described in Section 6. "Kiosk" shall mean the physical structure and housing for the automated payment terminal at which users can access the Bike sharing System with a membership card, pay for a rental with a credit or debit card, and receive information about the Bike Sharing System and its sponsors. "Kiosk Displacement" or "Station Displacement" shall mean the removal of a Kiosk or Station from an existing and approved Station Area for reasons beyond the control of BBB LLC. "Marketing Plan" shall mean BBB LLC's plan for marketing the Bike sharing System, referenced in Section 6.6. 3 Page 40 of 1675 "Membership Reciprocity" shall mean the permission granted to membership subscribers of the Bike Sharing System (not walk-up renters) by BBB LLC to access other bike sharing programs operated by BBB LLC and/or its affiliates in other municipalities without additional charge. "Membership Subscription" shall mean a one-time or recurring membership that provides a user access to the Bike sharing System for an unlimited number of times per day,for a limited period of time for each use, during the term of the membership. "Operational Ceiling" shall mean the maximum number of bicycles permitted to be operating and available to the public at any time under the terms of this Agreement. "Operational Rollout" shall mean the day on which the mai ority of the Bike sharing Stations for a particular phase of the implementation are made generally available to the public. BBB LLC or its contracted operations team shall provide the CITY thirty (30) days prior written notice of the date for an Operational Rollout. "Site List" shall mean the list of Station Area locations that is included as part of the Implementation Plan and approved by the CITY. "Site Plan" shall mean the general plan for the placement of equipment at a Bike sharing Station, as shown in Exhibit 4.2.4. "Sponsorship" shall mean an agreement for provide financial support for the Bike sharing System that may include the right to sponsor identification through display of the sponsor's logo, name, and/or slogan at one or more Bike sharing Stations as shown in Exhibit 6.7 or otherwise in conjunction with the Program. "Station Area" shall mean any of the sites designated for location of a Bike sharing Station. "Station Service Zone" shall mean the geographical scope of the Bike sharing System, and shall include all Station Areas within the CITY boundaries. "Underutilized Station Area"shall mean any Station Area that falls below 50% or less of the Average Program Usage, or based on other measures reasonably demonstrated by BBB LLC and agreed to by CITY. Section 3 Term 3.1 Term. This Agreement shall commence on the Effective Date and shall end ten (10)years from the date of Operational Rollout for the first phase of implementation (Phase I Operational Rollout). 3.2 Date and Notice of Phase I Operational Rollout. Date and Notice of Phase I Operational Rollout shall take place no later than nine (9) months from the Effective Date of 4 Page 41 of 1675 this agreement. BBB LLC shall provide the CITY with at least thirty (30) days prior written notice of the date for Phase Operational Rollout. 3.3 Extension of Time for Phase I Operational Rollout. Should BBB LLC experience delays beyond its control while attempting to obtain materials, permits or other needed governmental approvals, the CITY shall extend the time for the Phase I Operational Rollout upon BBB LLC's written request including the reason for the request, the anticipated period of time requested, and documentation of the delays. Any such extensions shall not exceed six (6) months in total. 3.4 Renewal. This Agreement shall be automatically renewed on the same terms and conditions specified in this Agreement for up to two (2) additional five (5) year terms, absent an Event of Default attributable to BBB LLC that is continuing at the time of such renewal or Termination as contemplated herein. Section 4 Bike sharing System Requirements It is the intent of the CITY and BBB LLC in entering into this Agreement to develop and promote a Bike sharing System in accordance with acceptable industry standards. 4.1 Bike sharing System. BBB LLC shall be responsible for the design and implementation of the Bike sharing System for the provision of bike sharing services and rentals at automated self-service Kiosks offering both short-term rentals and membership subscriptions, and using the rates, hours, and equipment, as provided in this Agreement. 4.2 Bike sharing Equipment. BBB LLC shall, at its sole cost and expense, provide all of the equipment reasonably necessary for the operation of the Bike sharing System, including docking structures, Kiosks, map displays and System bicycles. 4.2.1 Kiosks and Docking Structures. BBB LLC shall, at its sole cost and expense, fabricate, construct, and install (or cause to be fabricated, constructed, and installed) Bicycle Stations with Kiosks and docking structures within designated Station Areas, generally as depicted in Exhibit 4.2.4. BBB LLC shall be responsible for preparation of any and all plans and specifications for same. BBB LLC shall be responsible for obtaining all required governmental approvals and compliance with all applicable laws and regulations 4.2.2 Bicycles. BBB LLC shall provide bicycles of the type and meeting the specifications as set forth in Exhibit 4.2.2, attached hereto, in the number set forth in the Implementation Plan. The bicycles shall at all times be equipped with the working components 5 Page 42 of 1675 necessary to work with the docking stations and be a functional part of the Bike sharing System. 4.2.3 Bicycle Helmets. BBB LLC shall develop and implement a strategy for promoting the use of bicycle helmets, including, for example, free helmets with membership subscriptions, discount coupons for the purchase of helmets, and low-cost helmets available for sale at nearby retail outlets. 4.2.4 Placement of Equipment. BBB LLC shall locate the Kiosks, docking stations, and bicycles within each individual Station Area substantially in accordance with the Site Plan to be developed by BBB LLC and approved by the CITY for that Station Area. (Sec Exhibit 4.2.4 attached hereto for a typical configuration.) The Parties agree and acknowledge that the docking structures are modular and can be expanded as needed on a site-by-site basis, and such expansion shall not constitute a material deviation from the Site Plans. Docking stations, in general, will range from a capacity of 16 to 32 docks each. BBB LLC shall not materially deviate from the approved Site Plan and Site List without the prior written consent of the CITY. 4.2.5 BBB LLC may change the design of the equipment provided that such changes do not appreciably diminish the quality or performance of the equipment or of the Bike sharing System. Any other changes shall require the written consent of the CITY. 4.3 Equipment Upgrades.ades. BBB LLC may desire to add new technologies or equipment that are not contemplated in this Agreement. In addition to Section 4.2.5, in the event BBB LLC determines a different type of equipment or technology should be used in the System,BBB LLC shall make a request in writing to the CITY outlining the proposed new equipment or technologies and the advantages for as well as any potential disadvantages to their implementation. The CITY shall use reasonable efforts to approve or deny such request within thirty (30) days. In the event such a request is denied, the CITY shall provide a detailed explanation stating why such changes or addition of new equipment or technology should not be implemented. BBB LLC shall implement approved equipment or technology at its sole cost. 4.4 Station Area Signage. Each Station Area, with City's consent, shall include a two- sided advertising/sponsorship panel with the specifications and generally placed as shown in Exhibit 4.4. The advertising panel and advertising space on the Kiosk shall be used primarily for advertising purposes as BBB LLC may deem appropriate or advisable within all applicable and valid regulations. The advertising space may also be used to promote the Bike sharing System or traffic or bicycle safety. These Advertising/sponsorship panels may be lit at night to increase the visibility of the Station. 6 Page 43 of 1675 Section 5 Selection of Station Area Sites aand Community Outreach Subject to the CITY's approval as provided herein, BBB LLC shall determine the number, location. and size of the Bike sharing Stations using the information gained from the analysis set forth below. 5.1 Station Area Analysis. BBB LLC shall conduct, or cause to be conducted, the following analysis to identify locations for Bike sharing Stations: • Establish a general service grid that interfaces with existing bicycle infrastructure and master plans and takes into consideration proximity to other forms of public transportation including bus, trolley, and train stops, as well as parking garages and commuter parking lots • Target areas with high density residential and commercial uses including areas with dense retail and food and beverage establishments • Identify sites where bike sharing may provide a practical transportation alternative including shopping centers, grocery and drug stores, banks, retail, entertainment, major hotels, major multi-family residential developments, and public attractions such as parks, beaches and museum • Assess the visibility and accessibility of the location • Bike sharing stations will not be permitted in single family residentially zoned areas 5.2 Outreach. In the first sixty (60) days following the Effective Date, the CITY may request that BBB LLC participate in public presentations, workshops, or community meetings, as needed for review and input from relevant stakeholder and community groups. BBB LLC shall summarize the public input BBB LLC receives and provide it to the CITY with the proposed Implementation Plan. 5.3 Map and Site Visits. Within sixty (60) days following the Effective Date, BBB LLC shall conduct site visits and shall photograph and plot all identified potential Station Area locations, and work with the CITY to identify and resolve any conflicts or issues for each potential site. 5.4 Site List. BBB LLC shall provide the CITY with a list of proposed Station Areas for its review and approval. BBB LLC shall include the map and list of Station Area locations as part of the implementation Plan. The parties agree and understand that the CITY makes no representation as to the ownership of the property of the proposed Station Areas. The CITY agrees to make all reasonable efforts to obtain City approval of the map and list of the Station Area locations submitted by BBB LLC. 5.5 Bike sharing Website. Upon P h a s e I Operational Rollout, BBB LLC shall, 1 au n c h a n d maintain a website to provide information ab out implementation, 7 Page 44 of 1675 collect comments from the public, and serve as an ongoing resource for information about rates, memberships, locations, and as a marketing tool. 5.6 Use of Alternative Site Locations. In order to make the program available to as many residents,visitors and areas as possible and to effectuate regional mobility and connectivity, BBB LLC may, as needed and in its sole discretion, choose locations f o r Station Areas on private property, in another municipality's right of way, or on a property that i s controlled or a n a g e d by an e n ti t y o t h e r than t h e C I T Y. BBB LLC shall be responsible to ensure that any installations comply with all applicable laws, regulations, and approval processes. 5.7 Removal of Parking Meters. The Site List shall indicate whether the removal of one or more existing parking meters is necessary to install a Bike sharing Station in that location. CITY approval of the Site List shall constitute approval of the removal of the meters as indicated. Section 6 Implementation BBB LLC shall implement the Bike sharing Program, including installation, operation, management, maintenance, and marketing during the Term consistent with the approved Implementation Plan and the terms and conditions of this Agreement. The size and scope of the Bike sharing System, the Operational Ceiling and location of the Bike sharing Stations, may be modified as needed upon mutual written agreement of BBB LLC and the CITY. 6.1 Implementation Plan. BBB LLC shall develop, prepare and submit a plan to CITY for implementation of the Bike sharing System (Implementation Plan) consistent with the parameters for the program set forth in this section. The Implementation Plan shall identify the phases for the implementation of the Bike sharing System in different areas of the City, the geographical area and boundaries for each phase, and shall include the Site List, map, Implementation Schedule, and Marketing Plan. BBB LLC shall submit the Implementation Plan, including Site List, map, Implemtation Schedule, and Marketing Plan, to CITY within ninety (90) days of the Effective Date of this Agreement. Within ten(10)business days of receipt of the Implementation Plan, the CITY shall review and approve, or shall provide its comments to BBB LLC. If the CITY provides comments, BBB LLC and the CITY shall meet within one week to discuss the comments and agree upon any necessary changes. Once resolved, the plan shall be deemed approved by the CITY, and BBB LLC shall move forward to implement the Program based upon the approved plan, along with any subsequent changes agreed to by the Parties. In no event may approval be unreasonably withheld or delayed. 6.2 Implementation Schedule. BBB LLC shall prepare a detailed Implementation Schedule for installation of Bicycle Stations leading up to Operational Rollout 8 Page 45 of 1675 for each Phase. The Implementation Schedule shall be attached and incorporated as Exhibit 6.2 to this Agreement. The Parties shall use their commercially reasonable efforts to adhere to the Implementation Schedule. BBB LLC may, upon written request to the CITY, seek extension of specific dates in the Implementation Schedule. BBB LLC shall state the reason for the request and the anticipated period of time requested. The CITY shall not unreasonably withhold its approval. 6.2.1 Phase I Operational Rollout. BBB LLC and the CITY shall agree upon a detailed schedule for installation of the Bicycle Stations for Phase I, as further detailed and reflected in Exhibit 6.2. These dates shall be included in the Implementation Schedule. 6.2.2 Phase I Operational Ceiling. Phase I shall be implemented using an operational ceiling of 200 bicycles and 20 Station Areas. The CITY and BBB LLC may agree to add additional bikes and/or stations to the Station Service Zone for Phase I ifit is determined and mutually agreed that there are not enough bicycles or locations to meet demand. 6.3 Equipment Design. BBB LLC shall provide, at its sole cost and expense, any and all design services including, but not limited to, architectural and engineering services, as reasonably required for design and installation of the Kiosks and docking structures. 6.4 Use of Right-of-Way and Encroachment Removal. The CITY shall make all reasonable efforts to obtain City permission for BBB LLC to encroach into the public right-of-way by installing and maintaining the Bike sharing Stations at the specific Station Areas agreed to by CITY and BBB LLC as provided for in this Agreement, for the benefit of the public and as part of the Bike sharing System. In consideration of this grant of permission, BBB LLC covenants and agrees with CITY as follows: 6.4.1 BBB LLC shall install and maintain the Bike sharing Stations in a safe and sanitary condition at its sole cost, risk and responsibility. 6.4.2 BBB LLC shall remove, relocate or restore the Bike sharing Station as directed by the CITY within thirty (30) calendar days of written notice from the CITY, or in the case of an emergency as determined by CITY, CITY may request that the work be done immediately or within less than thirty (30) calendar days. if BBB LLC fails to remove, relocate or restore or otherwise comply with the direction of the CITY regarding the encroachment, CITY may cause the work to be done and charge BBB LLC for such actual costs. CITY's requests for removal or relocation shall be subject to the fees provided in Section 9.5.2. CITY's request to 9 Page 46 of 1675 remove. relocate, or restore the encroachment shall not be arbitrary or without reason. 6.4.3 BBB LLC shall maintain insurance to protect the CITY from any potential claims that may arise from the location and maintenance of Bike sharing Stations in the rights-of-way, as required by Section 13 of this Agreement. 6.5 Installation of Bike sharing Facilities. BBB LLC shall erect, install, operate, and maintain, at its sole cost and expense, and at no cost to the CITY, the Bike sharing Stations and all related equipment. BBB LLC shall not erect, install, operate, or maintain additional Kiosks or docking structures, nor identify additional or alternate locations for same,without the CITY's prior written approval. The CITY shall make all reasonable efforts to obtain City approval for additional Kiosks or docking structures. 6.6 Marketing Plan. BBB LLC shall implement a plan to market the Bike sharing System to residents and visitors for membership, use, and growth of the Bike sharing System (Marketing Plan). The Marketing Plan may include combined efforts with the CITY to promote the program. 6.7 Sponsorships and Advertising. BBB LLC shall be responsible for securing sponsors and for the sale of all advertising to be displayed on System bicycles, Kiosks, and the advertising panels referenced in Section 4.4. Sponsorship messages and advertising shall be displayed as set forth in Exhibits 4.4 and 6.7. All advertising shall comply with the criteria set forth in Exhibit 6.7. 6.8 The CITY shall make all reasonable efforts to secure and procure for the benefit of BBB LLC (a) all government permits, authorizations, filings, and any other governmental consent; (b) rights-of-way and land (owned or leased); (c) safety and surveillance services; (d) utilities, trash collection and other public services, (e) traffic, construction and development services coordination, in each case necessary for the creation, implementation and operation of the Bike sharing System. Section 7 Operation of the Bike sharing System BBB LLC shall be responsible for all operations of the Bike sharing System, including operation and maintenance of all bicycles, docking structures, Kiosks, and Bike sharing Stations. 7.1 Maintenance of Bicycles. BBB LLC shall maintain its bicycles in good working order and repair. 7.2 Maintenance of Bike sharing Stations. BBB LLC shall maintain the Bike sharing Stations, including the Kiosks, bicycles, and docking structures free of graffiti 10 Page 47 of 1675 and in good, clean working order and repair, including the removal of trash from the Station Area. BBB LLC may perform light maintenance and small repair jobs at the Stations to minimize downtime. Moderate or heavy maintenance may require removal of the equipment for service at BBB LLC's repair center. 7.3 Repair Response Time. In the event that a Kiosk or docking structure is damaged for any reason, BBB LLC shall promptly commence repairs or replace the damaged equipment to minimize any impact on System operations. At a minimum, repairs or replacement shall be commenced within 24 hours from the time BBB LLC first becomes aware (or should be aware) of the damage. In the event that a bicycle is damaged for any reason, BBB LLC shall commence promptly,but not later than ten (10) days from the date BBB LLC first becomes aware (or should be aware of the damage, repairs, replace the bicycle. or rebalance the bicycles within the System to minimize impact on System operations. 7.4 Temporary Use of Metered or Otherwise Restricted Parking for Maintenance. BBB LLC may park its maintenance vehicle in any legal public on-street metered or unmetered parking space that is adjacent to or near the Bike sharing Station while maintenance is being performed. Such maintenance vehicle must be clearly marked with the identifiers of the Bike sharing System. BBB LLC may not park in spaces that are restricted for handicapped parking or during hours restricted for street sweeping. 7.5 Equipment Inventory. Following the Effective Date, the CITY may, at its option, request that BBB LLC provide it with a full inventory of all program equipment, including types and numbers (per item); dates of lease and/or purchase; and initial condition (established as of the date of inventory). 7.6 Temporary Station Displacement or Relocation. CITY may request the temporary removal of all or part of a Station Area, for street repair, access to utilities, construction, special events, or other reasons. CITY and BBB LLC shall make reasonable efforts to relocate the Station to an alternative temporary location that will serve users in the same or reasonably similar capacity. 7.7 Special Events. BBB LLC may request the temporary placement of a Bike sharing Station for the purpose of participating in or accommodating a special event. The CITY shall not be responsible for costs associated with such requests, including installation or removal of such stations, BBB LLC shall work directly with the organizer of the special event for permission to temporarily place a Bike sharing Station within a special event venue. 7.7.1 Temporary Increase in Operational Ceiling. BBB LLC m a y request and the CITY may authorize an increase i n the Operational Ceiling on a temporary basis for special events or conventions, specifying the 11 Page 48 of 1675 dates and number of add iti on al bicycles permitted. BBBLLC shall make any such authorization in writing in advance of the event. 7.7.2 Closure of Stations for Special Events. If an existing Bike sharing Station is located within the footprint of a permitted special event for which public transportation is not permitted to run within the venue during the event, then at CITY's request, BBB LLC shall render the Station non-operable during the event. 7.8 Rental and Membership Rates. Rates for Bike sharing System rentals and membership subscriptions shall be structured as set forth in Exhibit 7.9 and shall be based on the projected rates set forth therein. The rates to be charged at the time of Operational Rollout shall be provided to the CITY for its approval with the Implementation Plan. Any changes in rental or subscription rates exceeding agreed upon ranges or annual increases shall be approved in writing by CITY prior to such changes being implemented. 7.9 Membership Subscription Reciprocity. BBB LLC and/or its affiliates, at its sole option, may permit holders of Membership Subscriptions (not casual walk-up renters) from other bike sharing systems it owns or manages to access bikes in its Boynton Beach program, and conversely, BBB LLC may permit holders of Membership Subscriptions from it's Boynton Beach program to access other bike sharing programs it owns, manages or is affiliated with. Section 8 Relocation of Station Areas Station Areas may be added, removed, or relocated based on usage, theft and vandalism, access for street repairs or utility work, special events, or for other reasons. 8.1 Relocation of Station Area. In the event that a designated Station Area is found to be unsuitable, whether before or after installation of the Bike sharing Station, BBB LLC, and CITY shall use reasonable efforts to expeditiously identify a suitable substitute location within a distance equal to one block of the original location. The parties shall endeavor to identify and agree upon the new location within thirty (30) days, and shall amend the Site List to reflect the new location. 8.2 Addition of Station Area. In the event that BBB LLC recommends the addition of a new Station Area not included i n the approved i m p l e m e n t a t i o n Plan, BBB LLC and CITY shall use reasonable efforts to expeditiously identify a suitable substitute location in the area recommended by BBB LLC. The parties shall endeavor to identify and agree upon the new location within thirty (30) days, and shall amend the Site List to reflect the new location. 12 Page 49 of 1675 8.3 Removal or Relocation of Underutilized Station Area. If BBB LLC determines, based upon an evaluation of Station usage by BBB LLC over a three-month period, that a Station Area is underutilized, BBB LLC shall make a recommendation to CITY to keep, remove, or relocate the Underutilized Station Area. BBB LLC's recommendation shall be supported by usage data and other relevant information. CITY shall review the recommendation and, if the usage data demonstrates that daily rentals or member uses originating from or returning to that Station Area is below 50% of the Average Program Usage for three consecutive months, CITY shall a p p r o v e a recommendation for removal of the Station Area. Relocation of the Station Area to a new site shall require CITY's approval per Section 8.2. 8.4 Removal or Relocation of High-Risk Station Area. If BBB LLC determines, based upon an evaluation of the incidences of theft and vandalism per month over a three-month period that a Station Area is at high risk for theft or vandalism, BBB LLC shall make a recommendation to CITY to keep, remove, or relocate the High-Risk Station Area. BBB LLC's recommendation shall be supported by crime data, usage data, and other relevant information. CITY shall review the recommendation and, if the crime data demonstrates that incidences of theft and vandalism per month have exceeded the Average Theft/Vandalism Rate by 50% or more for three consecutive months or more, CITY shall approve a recommendation for removal of the Station Area. Relocation of the Station Area to a new site shall require CITY's approval per Section 8.2. Section 9. Permissions Granted Under this Agreement CITY agrees to provide BBB LLC the following permissions as set forth below and in Exhibit 9, and is attached to this Agreement and incorporated herein, for the Term of this Agreement: 9.1 Official Partner. BBB LLC shall have the exclusive right to be designated and referred to as the "Official Bike sharing Provider of the City of Boynton Beach", AND/OR, "Official Bike sharing Provider of the City of Boynton Beach" and to use said designation in promotional and marketing efforts including press releases, stories, features and other publicity initiated by any party. 9.2 Promotional Materials. CITY will work with BBB LLC to develop press releases, stories, features and other publicity about the partnership for distribution to media outlets upon the execution of this Agreement. BBB LLC and CITY agree to develop a joint logo and templates for advertisements, promotional materials, promotional campaigns, product placement and appearance and any and all other materials that represent BBB LLC's efforts to publicize and/or promote the rights and benefits granted to it under this Agreement. 9.3 Web Site Presence. Information about the Bike sharing System and this Marketing Partnership, including a link to BBB LLC's program web site (referenced in 13 Page 50 of 1675 Section 5.3), will be provided on the CITY internet and intranet web sites throughout the duration of the Agreement will be provided on the CITY internet and intranet web sites throughout the duration of the Agreement. 9.4 Cooperative Support. CITY shall work with and support BBB LLC's efforts to market and increase ridership of the Bike sharing System as set forth in Exhibit 10. BBB LLC shall be responsible to ensure that all events comply with any applicable City rules or regulations pertaining to use of the venue or as a special event. Section 10. Intellectual Property 10.1 Licensing. The CITY and BBB LLC shall each retain ownership of, and all right, title and interest in and to, their respective intellectual property and no license therein, whether expressed or implied, is granted by this Agreement. To the extent the parties wish to grant to the other rights or interests in intellectual property, separate licensing agreements on mutually acceptable terms shall be executed. 10.2 Use of City of Boynton Beach Name and Logo. BBB LLC shall use the CITY name, seal, logo, and trademarks (collectively, "Identifiers") only as set forth in this Agreement, for the purpose of carrying out the terms of this Agreement, and not for any other purpose. Any use other than that specifically provided for by this Agreement shall require the prior written consent and approval of the CITY. BBB LLC shall not make use of CITY name, seal, logo, trademarks, or any other identifiers in any manner that would bring CITY, or any of its respective agents, representatives, employees or contractors into public disrepute, contempt, scorn or ridicule or tend to shock, insult or offend the community, public morals or decency. BBB LLC shall not use Identifiers to incur any obligation or indebtedness on behalf of the CITY. The obligations of BBB LLC under this paragraph will survive expiration or termination of this Agreement. The CITY shall make all reasonable efforts to obtain City approval for BBB LLC to use the City's name, seal, logo and trademarks. 10.3 Use of BBB LLC Name and Logo. The CITY shall use BBB LLC's name, seal, logo, and trademarks (collectively, "BBB LLC Identifiers") only as set forth in this Agreement, for the purpose of carrying out this Agreement, and not for any other purpose. Any use other than that specifically provided for by this Agreement shall require the prior written consent and approval of BBB LLC. CITY shall not make use of BBB LLC's name, seal, logo, trademarks, or any other identifiers in any manner that would bring BBB LLC, or any of its respective agents,representatives, employees or contractors into public disrepute, contempt, scorn or ridicule or tend to shock, insult or offend the community, public morals or decency. CITY shall not use BBB LLC Identifiers to incur any obligation or indebtedness on behalf of BBB LLC, or to hold itself out as being 14 Page 51 of 1675 or representing BBB LLC. The obligations of CITY under this paragraph will survive expiration or termination of this Agreement. Section 11. Compliance 11.1 Americans with Disabilities Act. BBB LLC agrees to comply with Americans with Disabilities Act, which establishes that all CITY contractors, including but not limited to construction contractors, consultants, grantees, and providers of goods and services agree to comply with all applicable titles of the Americans with Disabilities Act. 11.2 Drug Free Workplace. BBB LLC agrees to comply with the CITY requirements that all CITY construction contractors, consultants, grantees and providers of services to provide a drug-free workplace for the performance of work done in connection with a contract held by the CITY. 11.3 Equal Employment and Subcontracting Opportunities. CITY and PJGM agree that this Agreement is a partnership with mutual benefits and obligations running to each Party, and not a contract for the provision of labor, materials, goods, supplies, services, or consultant services to the CITY, or for a grant from the CITY, or for the construction of public works, and for the purpose of this Agreement, BBB LLC agrees as follows: a. BBB LLC shall not discriminate against any employee or applicant for employment on any basis prohibited by law. BBB LLC shall provide equal opportunity in all employment practices. b. BBB LLC shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of subcontractors, vendors or suppliers. BBB LLC shall provide equal opportunity for subcontractors to participate in subcontracting opportunities. BBB LLC understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination, debarment, or other sanctions. Contracts between BBB LLC and any subcontractors, vendors, and suppliers shall contain this language. Section 12. Insurance 12.1 Insurance. BBB LLC shall maintain, at its own expense the following types of insurance coverage during the Term, including any renewal or extension, of the Agreement: 12.1.1 Commercial General Liability Insurance ("CGL") written on an occurrence basis which shall cover liability arising from any and all personal injury or property damage in the amount of at least one million 15 Page 52 of 1675 five hundred thousand dollars ($1,000,000)p e r occurrence and subj ect to an annual aggregate of two million dollars ($2,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy. 12.1.2 Commercial Automobile Liability Insurance for all of the BBB LLC's automobiles, including owned, hired or non-owned automobiles ("any auto"). BBB LLC shall keep in full force and effect, automobile insurance providing coverage at least as broad,for bodily injury and property damage for a combined single limit of one million dollars ($1,000,000) per occurrence. 12.1.3 Worker's Compensation Coverage for all of BBB LLC's employees who are subject to the Agreement and to the extent required by applicable state or federal law, BBB LLC shall keep in full force and effect a Workers' Compensation Policy. That policy shall provide a minimum of five hundred thousand dollars ($500,000) of employer's liability coverage, and BBB LLC shall provide an endorsement that the insurer waives the right of subrogation against the CITY, and its respective elected officials (if applicable), officers, employees, agents or representatives. 12.2 Insurer Requirements. 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. The CITY will accept insurance provided by non-admitted, "surplus lines" carriers only if the carrier i s authorized to do b u s i n e s s in the State of Florida, is shown on the current List of Eligible Surplus Lines Insurers and otherwise meets the rating requirements. 12.3 Coverage. This insurance shall cover all of BBB LLC's employees engaged in the performance of the Agreement. BBB LLC shall require that all its subcontractors engaged in the performance of the Agreement maintain levels and limits of insurance coverage that meet BBB LLC's current standards for subcontractors and shall provide to CITY a certificate evidencing such coverage and listing CITY as an additional insured. 12.4 Additional I n s u r e d . BBB LLC shall name the CITY as an additional insured on all general and automobile liability policies required herein. The policies shall be primary and non-contributory to any insurance, as it relates to the CITY operations that may be carried by the CITY, as reflected in a certificate, which shall be submitted to the CITY. 16 Page 53 of 1675 12.5 -Certificates. BBB LLC shall, within ten (10)days of execution of the Agreement, furnish the CITY with certificates of insurance for coverage as required h e r e i n. Companies writing the insurance under this article shall be licensed to do business by the State of Florida. A person authorized by that insurer shall sign all certificates for each insurance policy required by this Article. 12.6 Notice of Cancellation. The certificates shall provide that thirty (30) days prior written notice of cancellation of the insurance to which the certificates relate shall be given to the CITY. Section 13. Indemnification 13.1 BBB LLC shall indemnify hold harmless and defend CITY, its officers, employees, directors, contractors and agents, against all suits, expenses (including attorneys' fees) on account of injury (including death) or damage to persons or property arising in connection with Agreement, subject to the limits of Section 768.28, Florida Statutes. Section 14. Default Remedies 14.1 Event of Default. The following shall constitute an Event of Default under this Agreement regardless of whether any such event shall be voluntary or involuntary or shall result from the operation of applicable laws, rules or regulations or shall be pursuant to or in compliance with any judgment, decree or order of any court of competent jurisdiction: (1) BBB LLC fails to cause to be carried and maintained the insurance required by this Agreement and fails to immediately remedy such failure within ten (10) days of receipt of written notice thereof from CITY; (2) Either party fails to comply with any material term, condition, or obligation of this Agreement and such failure continues un-remedied for a period of thirty (30) days after the receipt of written notice thereof from the non-defaulting party unless the defaulting party has taken reasonable steps during such thirty (30) day period to cure such default and such steps taken to cure will do so within a reasonable time if diligently prosecuted; or (3) Either party commences a voluntary case or other proceeding seeking liquidation, reorganization or other relief under any bankruptcy, insolvency or similar law, or shall make a general assignment for the benefit of creditors, or shall have an involuntary case or other proceeding instituted against it seeking similar relief, 17 Page 54 of 1675 (4) Either party commits an act, which brings its name into disrepute, or otherwise substantially diminishes the value of the marketing partnership association for the other party. (5) A change in the legal framework, including all applicable laws, regulations, ordinances or permits, that may have, or that could reasonably be expected to have, a material adverse effect on the rights and obligations of BBB LLC under this Agreement. 14.2 Declaration of Default. Upon the occurrence of an Event of Default, and at any time thereafter so long as the same shall be continuing, the non-defaulting party may declare. at its option, this Agreement to be in default if the Event of Default is a filing under Section 15.1(3) hereof, may immediately terminate this Agreement without any liability whatsoever; Section 15. City's Ability to Terminate 15.1 Notwithstanding the foregoing, CITY shall be able to terminate this Agreement for any reason or for no reason upon thirty (30) days written notice to BBB LLC. Upon termination of thisAgreement for any reason, BBB LLC shall remove all Bike Sharing Stations, including but not limited to all kiosks,bicycles and docking structures, contemplated under this Agreement and shall do so within thirty (30) days. If BBB LLC fails to remove all Bike Sharing Stations, including but not limited to all kiosks, bicycles and docking structures, within thirty (30) days of termination of this Agreement, CITY shall have the right but not the obligation to remove the same and to do so at BBB LLC's sole expense. Section 16. Miscellaneous 16.1 Notices. In all cases where written notice is required under the Agreement, such notice shall be given at the respective addresses of the parties as set forth below, unless notification of a change of address is given in writing. Notice shall be sentt by registered or certified mail, by a nationally recognized courier service, or by personal service, and shall be effective upon receipt. The addresses for notice and agents for service of process are: CITY: City of Boynton Beach Attn: City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 BBB LLC: Boynton Beach Bikeshare LLC. Attn: Carlos Puj ol, CEO 33 West 26th Street, Fifth Floor New York, NY 10010 18 Page 55 of 1675 Phone:212-574-5470 16.2 Non-Assignment. Neither Party may assign its rights or delegate its duties under the Agreement to any other party without the prior written consent of the other Party, which consent shall not be unreasonably withheld, delayed or conditioned. Subject to the provisions of this section, the Agreement shall inure to the benefit of and be binding upon the respective successors and assigns,if any, of the Parties hereto. However, any assignment in violation of this paragraph shall constitute a default and is grounds for immediate termination of the Agreement. In no event shall any putative assignment create a contractual relationship with the putative assignee. 16.3 Independent Contractors. BBB LLC and any subcontractors employed by BBB LLC arc and shall be deemed to be independent contractors and not agents of the CITY. Any provisions of the Agreement that may appear to give the CITY any right to direct BBB LLC concerning the details of operating the Bike sharing System, or to exercise any control over such performance, shall mean only that BBB LLC shall follow the direction of the CITY concerning the BBB LLC's performance. 16.4 Compliance with Controlling Law. BBB LLC shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to the Agreement, including all applicable laws, regulations, and requirements relating to the marketing and sale of insurance. In addition, BBB LLC shall comply immediately with all directives issued by the CITY or its authorized representatives under authority of any laws, statutes, ordinances, rules, or regulations. The laws of the State of Florida shall govern and control the terms and conditions of this Agreement. 16.5 Amendment. The Parties may amend this Agreement from time to time to address changes deemed necessary by the Parties to address operational needs. All amendments to this Agreement shall be in writing and signed by both Parties. 16.6 Jurisdiction and Venue. The jurisdiction and applicable laws for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in accordance with the laws of the State of Florida. The venue for any suit or proceeding concerning this Agreement s h al l be in the County of Palm Beach, State of Florida. 16.7 Integration. This Agreement and the exhibits and references incorporated into the Agreement fully express all understandings of the Parties concerning the matters covered in the Agreement. No change, alteration, or modification of the terms or conditions of the Agreement, and no verbal understanding of the Rules their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both Parties and an amendment to 19 M. Page 56 of 1675 the Agreement agreed to by both Parties. All prior negotiations and agreements concerning the subject matter hereof are merged into the Agreement. 16.8 Counterparts. The Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page. 16.9 No Waiver. No failure of either the CITY or BBB LLC to insist upon the strict performance by the other of any covenant, term or condition of the Agreement, n o r any failure to exercise any right or remedy upon a breach of any covenant, term, or condition of the Agreement, shall constitute a waiver of any such breach or of such covenant, t e r m or condition. No waiver of any breach shall affect or alter the Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. Neither Party shall unreasonably withhold or delay its consent or approval when such consent or approval is required for the performance of this Agreement. 16.10 Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of the Agreement, and the decision of whether or not to seek advice of counsel with respect to the Agreement is a decision, which is the sole responsibility of each Party. The Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 16.11 Public Records Requests. In accordance with Sec. 119.0701, Florida Statutes, BBB LLC must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request, BBB LLC must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Statutes. Further, BBB LLC shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Scope of Services are not disclosed except as authorized by law. Finally, BBB LLC shall retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the CITY, at no cost to the CITY, all such records in the possession of BBB LLC and destroy any duplicates thereof. Records that are stored electronically must be transferred to the CITY in a format that is compatible with the CITY'sinformation technology systems. 20 Page 57 of 1675 16.12 Signing Authority. The representative for each Party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby represents and warrants that (a) authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and to perform its obligations hereunder; (b) this Agreement constitutes the legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms and (c) agrees to hold the other Party harmless if it is later determined that such authority or such legal, valid and binding obligation does not exist. IN WITNESS WHEREOF, the Agreement is executed by the City of Boynton Beach, acting by and through its Executive Director and by Boynton Beach Bikeshare LLC. City of Boynton Beach Steven Grant, Mayor Date: I hereby certify that I can legally bind Boynton Beach Bikeshare LLC and that I have read all of this Agreement. Boynton Beach Bikeshare LLC Carlos Puj ol, CEO Date 21 Page 58 of 1675 Exhibit 4.2.2 Bicycle Type and Specification (This Exhibit to be updated before execution by CITY.) r� t' h �, fs s t, v�} Z r x F s 3m4 G 22 Page 59 of 1675 Exhibit 4.2.4 Site Plan a Y+ b d a +r a- m n= S� < ss a '" Ot tWD U�1� .Ia N ip `i F ..a t ------------------------------------------------------------------------------ .......:.. ......... ......... ...... ...roeU �a Y r ' amµ � 23 Page 60 of 1675 Exhbit 4.4 Station Area Signage Station Area Advertising Panels to contain general advertising content including images or descriptions of products and services consistent with the terms of the Agreement, or for messages promoting the Bike sharing System or traffic or bicycle safety, generally as shown below: �Vm. � i E k �) k `Ul M**On a S Ake i4 r; { and keep mooing- , 4, i 24 Page 61 of 1675 Exhibit 6.2 Implementation Schedule (To be attached after preparation by BBB LLC and approval by CITY,as set forth in Section 6.2 of the Agreement.) 25 r S,.ha .ced mcva"c'o Page 62 of 1675 Exhibit 6.7 Bicycle Logo Sponsorship Sponsorship logos shall be limited to bicycle surfaces, including the handlebar placard, fenders and/or basket consistent with the diagram below. Logo sponsorships are limited to corporate/organizational logo, name and/or slogan (not general advertising graphics such as actual product images) General advertising on program bicycles shall be limited to bicycle surfaces including handlebar placard, basket and fender consistent with the diagram below. General advertising may contain any graphical representation supplied by advertiser including images or descriptions of products and services: y 1=-- �f {f 5 n , �Y 26 .,.,.d ..smcvaticq.. Page 63 of 1675 Exhibit 6.7 (cont'd) Kiosk Logo Sponsorship Sponsorship logo name and/or slogan shall be permitted upon the kiosk. r I 111 up t�i4 I 27 Page 64 of 1675 EXHIBIT 6.7(cont'd) BIKESHARING STATION ADVERTISING The City requires that all advertising placed as bus stops comply with the criteria set forth below. It is the intent of the CITY as part of this Agreement to require that advertising at Bike sharing Stations comply with the same requirements for similar reasons,including: That it continues to be the intent of the CITY to prohibit advertising on bus stop shelters and benches of tobacco products, materials of a sexually explicit nature and firearms. This policy applies onlyy to advertising located at Bike sharing Stations. Bike sharing Advertising Policy: 1. In its agreement with its advertising contractors, BBB LLC shall reserve the right to reject any advertisement, commercial or noncommercial,which does not meet the standards set forth in this policy. 2. All advertising posted at Bike sharing Stations must conform to the following criteria: A. Defamatory Advertising. No advertising will be permitted that falsely disparages any person,product, or company, or that is likely to damage the reputation of any person,product, or company. B. Advertising Condoning Criminal Conduct. No advertising will be permitted that is likely to incite or produce imminent unlawful activity. C. Obscene Advertising. No advertising will be permitted that contains obscene matter or matter harmful to minors. D. False Advertising. No advertising will be permitted that contains false or grossly misleading information. E. Tobacco, and Firearms. No advertising will be permitted that promotes the sale of tobacco or tobacco products, or firearms. F. Existing Laws. All advertisements must conform to applicable federal, state, and local laws. 3. CITY may make demand upon BBB LLC for the removal of any advertisement, commercial or noncommercial, that does not conform to this policy. Such demand shall be in writing and shall state reasonable grounds for the demand. BBB LLC shall consider and act upon the demand in accordance with this policy. 28 Page 65 of 1675 Exhibit 7.9 Projected Rates and Fee Structure The projected rates and fee structure for the Bike sharing System shall be substantially in conformance with the rate structure set forth below: Oakh h hhh hhhhhhhhh hhhhhhhhh hhhhhhhhh i,,.hhhhhh hhhhhhhhh hhhhhhhhh hhhhhhhhh hhhhhhhhh ......... ......,. ......... .,.... ......,.�,...... + tax $14*95 + tax $ 99 + tax 3-MONTH COMMITMENT Every 30 minutes Unlimited 45-minute trips Unlimited 45-minute trips Each addibanal 30 minutes 15100 Each additienal 30 minutes 153.00 11111" � rix � @ i MEt.- ME '� � e+ Miscellaneous Provisions • BBB LLC shall be permitted to discount memberships and rentals at its sole discretion. • To offset inflation and other similar costs, BBB LLC may,in its sole discretion, increase the above-stated price ranges by not more than 5% per year without the CITY's approval. 29 Page 66 of 1675 Exhibit 9 Permissions granted to BBB LLC CITY shall make all reasonable efforts to cause the City of Boynton Beach to provide BBB LLC with cooperative support for the promotion and marketing of the Bike sharing System, including but not limited to, the following promotional and marketing opportunities: • Bike sharing System Kick-Off Event • Bike sharing System Anniversary Celebration(s) • Use of mobile Bike sharing Station at special events • Explore the possibility of establishing a regular location for the mobile Bike sharing Station for demonstrations • Provide time on City-TV for promotional clips and public service announcements on bicycle safety • Distribute program and safety handouts provided by BBB LLC at relevant festivals and programs conducted or participated in by the City • Quarterly promotional emails to City employees • Bicycle safety and bicycle awareness classes organized in conjunction with the City's Transportation Division and/or other stakeholders • Site List approval of the proposed Station Areas. BBB LLC shall include the map and list of Station Area locations as part of the Implementation Plan. • Removal of Parking Meters as per the Site List in order to install a Bike sharing Station in that location. 30 Page 67 of 1675 6.C. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-099-Authorize the City Manager to sign a security agreement between The School Board of Palm Beach County, Florida and the City of Boynton Beach to provide Law Enforcement Agency Officers at schools within Boynton Beach while the School District works to hire additional full-time school police officers. EXPLANATION OF REQUEST: In light of the Marjory Stoneman Douglas High School tragedy and the enactment of amendments to Florida Statute 1006.12 Safe-school officers at each public school on March 9, 2018, it is the intent of both parties to work collaboratively to ensure a law enforcement presence at each District-operated Palm Beach County school. Law Enforcement Agency commits to providing Law Enforcement Agency Officers ("LEAO"s) at schools, through the use of extra duty assignments, while the School District of Palm Beach County Police Department ("SDPBCPD") works to hire additional full-time school police officers to staff a minimum of one school police officer at every non-charter District-operated school. This agreement is intended to be temporary in nature until the school district can hire full-time officers. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will add one additional detail officer at each of the Elementary Schools within the cities jurisdiction. FISCAL IMPACT: Non-budgeted The department will invoice the School District of Palm Beach County Police Department for the hourly cost of each Officer at the agreed upon rate. ALTERNATIVES: Not sign agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 68 of 1675 ATTACHMENTS: Type Description D Resolution Resolution approving the Security Agreement with the School Board of Palm each County D Agreement Security Agreement with School Board Page 69 of 1675 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 A SECURITY AGREEMENT BETWEEN 6 THE CITY OF BOYNTON BEACH AND THE SCHOOL 7 BOARD OF PALM BEACH COUNTY TO PROVIDE LAW 8 ENFORCEMENT AGENCY OFFICERS AT SCHOOLS 9 WITHIN BOYNTON BEACH WHILE THE SCHOOL 10 DISTRICT WORKS TO HIRE ADDITIONAL FULL-TIME 11 SCHOOL POLICE OFFICERS; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, in light of the Marjory Stoneman Douglas High School tragedy and 16 the enactment of amendments to Florida Statute 1006.12 Safe-school officers at each public 17 school on March 9, 2018, it is the intent of both parties to work collaboratively to ensure a 18 law enforcement presence at each District-operated Palm Beach County school; and 19 WHEREAS, the City of Boynton Beach commits to providing Law Enforcement 20 Agency Officers at schools, through the use of extra duty assignments, while the School 21 District of Palm Beach County Police Department works to hire additional full-time school 22 police officers to staff a minimum of one school police officer at every non-charter District- 23 operated school; and 24 WHEREAS, the agreement is temporary in nature until the school district can hire 25 full-time officers. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission approves and authorizes the City Manager to C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\17862CE3-DAC8-43E7-8F8F-E789FAOB3401\Boynton Beach.11655.1.Agreement_With_PBC_School_Board_For_Security -_Reso.Docx Page 70 of 1675 33 sign a Security Agreement between the City of Boynton Beach and the School Board of 34 Palm Beach County, Florida to provide Law Enforcement Agency Officers at schools 35 within Boynton beach while the School District works to hire additional full-time school 36 police officers, a copy of the Agreement is attached hereto as Exhibit"A". 37 Section 3. This Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this day of , 2018. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 YES NO 42 43 Mayor— Steven B. Grant 44 45 Vice Mayor— Christina L. Romelus 46 47 Commissioner—Mack McCray 48 49 Commissioner—Justin Katz 50 51 Commissioner—Joe Casello 52 53 54 VOTE 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 City Clerk 61 62 63 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\17862CE3-DAC8-43E7-8F8F-E789FAOB3401\Boynton Beach.11655.1.Agreement_With_PBC_School_Board_For_Security -_Reso.Docx Page 71 of 1675 Security Agreement Between The School Board of Palm Beach County, Florida and The City of Boynton Beach, Florida THIS AGREEMENT, made and entered into this day of 2018, by and between The School Board of Palm Beach County, Florida, a political subdivision of the State of Florida (also referred to as "Palm Beach County School District" or "PBCSD" or "Requesting Agency" ), whose principal place of business is 3300 Forest Hill Blvd, West Palm Beach, Florida 33406, hereinafter referred to as PBCSD, and the City of Boynton Beach, Florida, whose mailing address is PO Box 310, Boynton Beach, Florida 33425 (referred to as "CITY" or "Law Enforcement Agency")' As authorized by the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement ("Mutual Aid Agreement") entered into in 2016, which terms, conditions, and provisions are hereby incorporated, the parties enter into this Agreement for the Law Enforcement Agency to provide municipal police officers on non-charter public school campuses. The municipal police officers, acting under this Security Agreement, shall have the same powers and authority as school safety officers while acting under the Mutual Aid Agreement. This Security Agreement is not intended to modify the terms and conditions of the Mutual Aid Agreement, which shall remain in full force and effect. Article I: Purpose In light of the Marjory Stoneman Douglas High School tragedy and the enactment of amendments to Florida Statute 1006.12 Safe-school officers at each public school on March 9, 2018, it is the intent of both parties to work collaboratively to ensure a law enforcement presence at each District-operated Palm Beach County school. Law 1 The term Law Enforcement Agency refers to the CITY's Police Department which is not a separate legal entity but a department of the Citywhich will provided the services under the terms of this Agreement. {00241821.5 306-90018211 Page 72 of 1675 Enforcement Agency commits to providing Law Enforcement Agency Officers ("LEAO"s) at schools, with the use of assignments or off-duty details as determined by the CITY, while the School District of Palm Beach County Police Department ("SDPBCPD") works to hire additional full-time school police officers to staff a minimum of one school police officer at every non-charter District-operated school. Article II — Responsibility of Law Enforcement Agency The Law Enforcement Agency will be responsible for coordinating City LEAOs assignments or off-duty details to provide security services at agreed upon schools, upon request by the SDPBCPD. In accordance with Section 6G of the Mutual Aid Agreement, Law Enforcement Agency will invoice SDPBCPD for the hourly cost of each LEAO at the agreed upon rate provided in Exhibit A. In the event of a fee dispute between the parties, the Law Enforcement Agency shall continue to provide the services under this Agreement while the dispute is being resolved. The PBCSD will pay the invoiced amount, even if disputes, subject to adjustment when the dispute is resolved. If the dispute is not resolved to the satisfaction of both parties, within ten (10) days, the Law Enforcement Agency may cease providing services under the Agreement. Qualifications for Assignment 1. To comply with the provisions of F.S. 1006.12(2), LEAOs assigned will have undergone criminal background checks, drug testing and a psychological evaluation and be certified law enforcement officers, as defined in F.S. 943.10(1), and must be employed by the Law Enforcement Agency as defined in F.S. 943.10(4). The powers and duties of the LEAO shall continue throughout the LEAO's assignment at a school. 2. Assigned LEAOs shall abide by District School Board policies and shall consult with and coordinate activities through the school principal, but shall be responsible to the Law Enforcement Agency in all matters relating to employment, subject to this Agreement. 3. Law Enforcement Agency will ensure LEAOs assigned have completed SDPBCPD online orientation training prior to assignment to a school. Additional training may be required by the PBCSD. {00241821.5 306-90018211 2 Page 73 of 1675 Roles and Responsibilities of Law Enforcement Agency Officers 1. LEAOs will report to assigned school one-half hour prior to the start of school and will remain on campus for one-half hour after school. 2. The LEAO is to maintain a visual presence at the entrance to the school at arrival and dismissal times and shall move throughout the school during the school day, checking access/egress points and overall security of campus. 3. The LEAO will act as first responder to any acts of violence which threaten students, staff or parents on the school campus and will call for assistance when needed. 4. Non-criminal violations of student conduct are the responsibility of school administrators. The services performed by the LEAO under this Agreement are to respond to matters pertaining to student safety, not to enforce school discipline or punish students. The LEAO shall not be involved in any situation that can be safely and appropriately handled by the District's internal disciplinary procedures in the judgement of the LEAO, unless instructed otherwise by a school administrator. Incidents involving public order offenses committed by students, including but not limited to disorderly conduct, disturbance/disruption of schools or public assembly, profanity, dress code violations and fighting that does not involve physical injury or a weapon shall be considered school discipline issues to be handled by school officials unless LEAO involvement is necessary to protect the physical safety of students or school personnel. 5. The LEAO shall communicate with students and/or parents in a language students and/or parents understand. If the LEAO representative does not speak the same language as the student/parent, the LEAO shall request from PBCSD an appropriate interpreter designated for such purposes. 6. The LEAO will cooperate and participate as necessary in the School Board's expulsion hearing process if requested by the Superintendent of Schools or his/her legal counsel. 7. LEAOs shall adhere to the Law Enforcement Agency's Standard Operating Procedures/General Orders (written policies). {00241821.5 306-90018211 3 Page 74 of 1675 8. The Law Enforcement Agency is responsible for conducting use of force investigations involving its LEAO. 9. School site administrators are responsible for all personnel at SDPBC school sites. As such, LEAOs must work cooperatively with school site administration. LEAOs must remain responsive to the chain of command within the Law Enforcement Agency and the LEAO's primary supervisor shall be designated by Law Enforcement Agency. 10.When the LEAO learns of an incident which requires him/her to take lawful action, the LEAO must report incident to SDPBCPD and school site administration immediately. School incidents garner significant media attention; therefore, it is imperative the SDPBCPD learn about such incidents from the LEAO in an expedited manner so SDPBCPD can make appropriate notification within the PBCSD. This does not preclude the LEAO from taking immediate and necessary action during exigent circumstances. The LEAO must also inform the school principal and/or designee of said action. 11.The LEAO shall wear the official Law Enforcement Agency uniform at all times while on duty at the school. 12.The LEAO agrees not to unlawfully discriminate against any student in any manner whatsoever on account of race, creed, color, age, sexual orientation, gender identity or expression, religion, handicap, national origin, or marital status. Article III — Responsibility of SDPBCPD The SDPBCPD will be responsible for providing a list of schools, calendar of school days and scheduled school times that require a LEAO be assigned. For purposes of this provision, authority is delegated to the PBCSD's Chief of Police, with approval of the PBCSD's Chief Operating Officer, to assign and modify, from time to time, the specific schools for which that LEA will provide LEAOs without further approval of the School Board. To assist Law Enforcement Agency with scheduling of LEAOs, SDPBCPD will provide Law Enforcement Agency reasonable notice of schools that need coverage. {00241821.5 306-90018211 4 Page 75 of 1675 SDPBCPD is responsible for providing online orientation training that will include information pertaining, but not limited to, SDPBC policy and procedures, lockdown and evacuation procedures, and confidentiality expectations as they relate to State and federal law, and for tracking online course completions, and relaying completion information to the Law Enforcement Agency, prior to LEAOs being assigned to a school. SDPBCPD will verify invoices submitted and will submit to Accounting for prompt payment or notify Law Enforcement Agency of discrepancy within five business days of receipt. Article IV - Confidentiality of Student Information Law Enforcement Agency is subject to all School Board obligations relating to compliance with student records confidentiality laws. By signing this Agreement, Law Enforcement Agency acknowledges and agrees to comply with the Family Educational Rights and Privacy Act (FERPA) and all State and Federal Laws relating to the confidentiality of student records. Law Enforcement Agency may receive student information. Since parental consent will not be obtained and Law Enforcement Agency has legitimate educational interests in the information, Law Enforcement Agency shall hereby be deemed a "school official" in accordance with School Board Policy 5.50 and shall enter into the Addendum concerning student information (PBSD 2220) which is attached hereto and incorporated herein as Exhibit A. Article V - Dispute Resolution In the event of a conflict, the School Principal shall report the issue to the School Police Chief. The School Police Chief will then contact the LEAO's Chief of Police to determine a mutually agreeable resolution of the issue. Article VI - Term of the Agreement Such activities as described herein will commence on July 1, 2018, or upon signature of both parties, and expire two (2) years thereafter on June 30, 2020, unless terminated earlier as provided in Article XVI. With written consent of both parties, this Agreement may be renewed for additional one-year terms, not to exceed three additional one year terms. {00241821.5 306-9001821} r5 Page 76 of 1675 Article VII - Entire Agreement This Agreement contains the complete understanding and agreement of the parties. No stipulation, agreement or understanding shall be valid or enforceable unless contained in this Agreement. No representations or statements made by any employees, agents or representatives of either party shall be binding on either party as a warranty or otherwise, except as expressly set forth herein. Article VIII - Governing Law; Venue This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. In the event of litigation, venue for any claim shall lie exclusively in a court of competent jurisdiction in Palm Beach County. All parties shall be responsible for their own attorneys' fees. Article IX - Written Notice Delivery Any notice required or permitted to be given under this agreement by one party to the other party shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the recipient's address set forth in this section or on the date shown on the certificate of receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving party at the address hereinafter specified. The address for the CITY is as stated above. Notice must be sent to the attention of the City Manager with a copy to the Chief of Police. The addresses for The School Board for all purposes under this agreement and for all noticed hereunder shall be: The School Board: The School Board of Palm Beach County, Florida Fulton-Holland Educational Services Center Attn: Dr. Donald E. Fennoy II, Superintendent 3300 Forest Hill Blvd., Suite C-316 West Palm Beach, Florida 33406 {00241821.5 306-90018211 6 Page 77 of 1675 With a copy to: The School Board of Palm Beach County, Florida Fulton-Holland Educational Services Center Palm Beach County School District Police Department Attn: Chief of Police 3300 Forest Hill Blvd., Suite B-101 West Palm Beach, Florida 33406 With a copy to: The School Board of Palm Beach County, Florida Fulton-Holland Educational Services Center The Office of General Counsel Attn: JulieAnn Rico, Esq. 3300 Forest Hill Blvd., Suite C-331 West Palm Beach, Florida 33406 Article X - Indemnification and Duty to Defend Subject to the limitations of Florida Statutes Section 768.28, the City agrees to indemnify, hold harmless, and defend PBCSD from and against any and all claims, suits, actions, damages, or causes of action arising out of the intentional wrongdoings or negligent acts of the Law Enforcement Agency and/or its LEAOs arising out of or in connection with the provisions of this agreement. Subject to the limitations of Florida Statutes Section 768.28, PBCSD agrees to indemnify, hold harmless, and defend the City from and against any and all claims, suits, actions, damages, or causes of action arising out of the intentional wrongdoings or negligent acts of the PBCSD arising out of or in connection with the provisions of this agreement Article XI - Waiver of Subrogation In the event of loss, damage or injury to Law Enforcement Agency and/or the Law Enforcement Agency property, Law Enforcement Agency shall look solely to any insurance or self-insurance in its favor without making any claim against the School Board. Law Enforcement Agency hereby waives any right to subrogation against the School Board of Palm Beach County, for loss, damage or injury within the scope of Law {00241821.5 306-90018211 7 Page 78 of 1675 Enforcement Agency's insurance or self-insurance, and on behalf of itself and its insurer, waives all such claims against PBCSD. In the event of loss, damage or injury to PBCSD and/or the PBCSD property, PBCSD shall look solely to any insurance or self-insurance in its favor without making any claim against the Village/City (choose one). PBCSD hereby waives any right to subrogation against the Village/City (choose one) for loss, damage or injury within the scope of PBCSD's insurance or self-insurance, and on behalf of itself and its insurer, waives all such claims against the Village/City (choose one). Article XII - Worker's Compensation Law Enforcement Agency must comply with Chapter 440, Florida Statutes, worker's compensation and Employees' Liability Insurance with minimum statutory limits. Law Enforcement Agency waives all rights against PBCSD and its agents, officers, directors and employees for recovery of claims for bodily injury to the extent these injuries are covered by the workers' compensation Article XIII - Public Records Compliance Law Enforcement Agency shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the PBCSD in order to perform the services to under this Agreement. b. Upon request from the PBCSD's custodian of public records, provide PBCSD 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 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if Law Enforcement Agency does not transfer the records to PBCSD. d. Upon completion of the Agreement, transfer, at no cost, to PBCSD all public records in possession of Law Enforcement Agency or keep and maintain public {00241821.5 306-90018211 8 Page 79 of 1675 records required by PBCSD to perform the service. If Law Enforcement Agency transfers all public records to the Board upon completion of the Agreement, Law Enforcement Agency shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Law Enforcement Agency keeps and maintains public records upon completion of the Agreement, Law Enforcement Agency shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to PBCSD, upon request from PBCSD's custodian of public records, in a format that is compatible with the information technology systems of PBCSD. Failure of Law Enforcement Agency to abide by the terms of this provision shall be deemed a material breach of this Agreement. This provision shall survive any termination or expiration of this Agreement. IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO LAW ENFORCEMENT AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, HE OR SHE MUST CONTACT THE PUBLIC RECORDS MANAGEMENT COORDINATOR FOR THE SCHOOL DISTRICT OF PALM BEACH COUNTY AT 561-629-8585, PUBLICRECORDS@PALMBEACHSCHOOLS.ORG, OR 3300 FOREST HILL BLVD., SUITE C-110, WEST PALM BEACH, FL, 33406. In the event the Law Enforcement Agency receives a Public Records Request, within three (3) days of receipt, the Law Enforcement Agency shall forward the request and any responsive documents to PBCSD's Public Records Department at PUBLICRECORDS@PALMBEACHSCHOOLS.ORG and PBCSD will respond to the requestor. Article XIV - Inspector General In the event this agreement involves a purchase in accordance with Policy 6.14, Law Enforcement Agency agrees and understands that the PBCSD's Office of the Inspector {00241821.5 306-90018211 9 Page 80 of 1675 general ("Inspector General") shall have immediate, complete and unrestricted access to all papers, books, records, documents, information, personnel, processes (including meetings), data, computer hard drives, emails, instant messages, facilities or other assets owned, borrowed or used by Law Enforcement Agency with regard to the Agreement. Law Enforcement Agency's employees, vendors, officers and agents shall furnish the Inspector General with requested information and records within their custody for the purposes of conducting an investigation or audit, as well as provide reasonable assistance with the Inspector General in locating assets and obtaining records and documents as needed for investigation or audit relating to the Agreement. Furthermore, Law Enforcement Agency understands, acknowledges and agrees to abide by School Board Policy 1.092. Article XV - Waiver of Jury Trial Each of the parties hereto hereby knowingly, voluntarily, and intentionally waives the right either of them may have to a trial by jury in respect of any litigation based hereon, or arising out of, under or in connection with this agreement. Article XVI - Termination Each party reserves the right to terminate this Agreement without cause by giving ninety (90) days written notice to the other party. Notwithstanding the previous sentence, PBCSD may, with fourteen (14) days written notice to LEAO, assume full responsibility for providing security at specific schools and Law Enforcement Agency shall be relieved of the obligation to provide a LEAO for the specific school. If the Agreement is terminated for convenience as provided herein, PBCSD will be relieved of all obligations under said Agreement and PBCSD will only be required to pay that amount of the Agreement actually performed to the date of termination. REMAINDER OF PAGE LEFT BLANK {00241821.5 306-90018211 10 Page 81 of 1675 THE SCHOOL BOARD OF PALM BEACH FOR THE CITY(choose one) COUNTY, FLORIDA BY: BY: Chuck Shaw, Chairman Date Lori LaVerriere Date City Manager BY: Donald E. Fennoy II, Ed.D. Date Superintendent of Schools or Designee SUBMITTED BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY AS TO LAW ENFORCEMENT AGENCY School Police Department Date Chief of Police APPROVED AS TO FORM AND LEGAL City Attorney James A. Cherof Date SUFFICIENCY AS TO THE SCHOOL BOARD Office of General Counsel Date Attest Judith A. Pyle, CMC, City Clerk Date {00241821.5 306-90018211 1 1 Page 82 of 1675 EXHIBIT A — PBSD FORM 2220 Contract/Agreement Addendum Concerning Student Information {00241821.5 306-90018211 12 Page 83 of 1675 EXHIBIT "A" All Officers $110.00 per hour. {00241821.5 306-90018211 13 Page 84 of 1675 6.D. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-100- Authorize the Mayor to enter into a Interlocal Agreement between the City and Boynton Beach Community Redevelopment Agency to fund intersection enhancements associated with Florida Department of Transportation's US 1/Federal Highway Project. PROPOSED RESOLUTION NO. R18-101 - Authorize the Mayor to enter into a Landscape Maintenance Memorandum of Agreement between the City and Florida Department of Transportation to agree to fund and maintain the intersection enhancements, subject to final approval by City Attorney. EXPLANATION OF REQUEST: On August 8, 2017, as part of the FY 2017-18 Budget discussion, the CRA Board discussed the funding of enhancements for US 1/Federal Highway as part of the Florida Department of Transportation's (FDOTs) roadway resurfacing plans. These improvements would include more cosmetic items to increase pedestrian safety at the larger or more prominent intersections within the corridor that will not be funded by FDOT. On April 10, 2018, the CRA Board, selected following Federal Highway intersections for enhancement: 1. Woolbright Road, 2. Ocean Avenue, 3. Boynton Beach Boulevard, and 4. Martin Luther King J r Boulevard (NE 10th Avenue). On April 11, 2018, City staff provided the FDOT with written confirmation that the City would move forward with the four (4) intersection enhancements that are within its project's boundary. The typical intersection enhancement proposed is attached as Attachment 1. On May 8, 2018, the CRA Board approved item 14a., which set aside $232,000 to fund the 4 intersection enhancements. The CRA's executed Interlocal Agreement is attached (see Attachment 11). On July 9, 2018, the FDOT submitted the Landscape Maintenance Memorandum of Agreement for execution by the City. This LMMA formalizes the cost and maintenance responsibilities for the 4 intersection. The cost is $217,968 (per Exhibit D in the LMMA, see Attachment 111). For a depiction of the intersections see Attachment IV. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This project will help brand the City by allowing motorist to recognize when they enter or exit the City. Additionally it will reinforce the City's commitment to the success of the Redevelopment of Downtown. FISCAL IMPACT: The funds will be pass through funds provided by the Boynton Beach Community Redevelopment Agency, therefore no impacts to the City's budget are anticipated in the short term. I n the long term, some maintenance costs can be expected. Page 85 of 1675 ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving ILA with CRA for funding intersection enhancements Resolution approving the Landscape D Resolution Maintenance Memorandum of Agreement with FDOTfor intersection enhancements D Attachment Attachment I ® Intersection Logo D Attachment Attachment I I ® The C RA's ILA D Attachment Attachment I I I ® LIMMA between City and FDCCT D Attachment Attachment IV ® Intersection Depictions Page 86 of 1675 I RESOLUTION NO. R18- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY TO FUND INTERSECTION 7 ENHANCEMENTS ASSOCIATED WITH THE FLORIDA 8 DEPARTMENT OF TRANSPORTATION'S US 1 FEDERAL 9 HIGHWAY PROJECT; AND PROVIDING AN EFFECTIVE DATE. 10 WHEREAS; on May 8, 2018 the Boynton Beach CRA approved the Interlocal 11 Agreement between the City and the CRA to fund intersection enhancements associated with 12 Florida Department of Transportation's US 1/Federal Highway Project; and 13 WHEREAS, the improvements would include more cosmetic items to increase 14 pedestrian safety at the larger or more prominent intersections within the corridor that will not 15 be funded by FDOT; and 16 WHEREAS, the Interlocal Agreement provides for the CRA to reimburse eligible 17 costs as covered by the ILA up to $230,000.00 for improvements to the aesthetics and 18 function of the four Intersections which are within the boundaries of the CRA area, and more 19 specifically, in the Downtown and Federal Highway Corridor Districts. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. Each Whereas clause set forth above is true and correct and 23 incorporated herein by this reference. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\8E422A45-1026-4F38-90AC-14705E2D4245\Boynton Beach.11545.LILA With CRA For Funding_Intersection Enhancements_- Reso.Doc Page 87 of 1675 26 Boynton Beach and the Boynton Beach Community Redevelopment Agency for CRA funding 27 of intersection enhancements associated with Florida Department of Transportation's US 28 1/Federal Highway Project, a copy of said Interlocal Agreement is attached hereto as Exhibit 29 "A" 30 Section 3. That this Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this day of , 2018. 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 VOTE 47 ATTEST: 48 49 50 51 Judith A. Pyle, CMC 52 City Clerk 53 54 55 (City Seal) 56 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\8E422A45-1026-4F38-90AC-14705E2D4245\Boynton Beach.11545.LILA With CRA For Funding_Intersection Enhancements_- Reso.Doc Page 88 of 1675 I RESOLUTION NO. R18- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN A LANDSCAPE MAINTENANCE MEMORANDUM OF 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 6 AND FLORIDA DEPARTMENT OF TRANSPORTATION TO 7 AGREE TO FUND AND MAINTAIN THE INTERSECTION 8 ENHANCEMENTS, SUBJECT TO FINAL APPROVAL BY THE 9 CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. 10 WHEREAS; on August 8, 2017, the CRA Board discussed the funding of 11 enhancements for US 1/Federal Highway as part of the Florida Department of 12 Transportation's (FDOT) roadway resurfacing plan; and 13 WHEREAS, the FDOT submitted the Landscape Maintenance Memorandum of 14 Agreement which formalizes the cost and maintenance responsibilities for the four (4) 15 intersections; and 16 WHEREAS, the City staff provided the FDOT with written confirmation that the City 17 would move forward with the four (4) intersection enhancements that are within its project's 18 boundary. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. Each Whereas clause set forth above is true and correct and 22 incorporated herein by this reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 hereby approve and authorize the Mayor to sign the Landscape Maintenance Memorandum of 25 Agreement between the City of Boynton Beach and the Florida Department of Transportation C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\ACEIFC5B-2C75-4882-978C-F69B83E5635D\Boynton Beach.11546.1.Landscape_Maintenance_Memorandum_Of Agreement FDOT -_Reso.Doc Page 89 of 1675 26 to agree to fund and maintain the intersection enhancements associated with Florida 27 Department of Transportation's US 1/Federal Highway Project, a copy of said Landscape 28 Maintenance Memorandum of Agreement is attached hereto as Exhibit"A". 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this day of , 2018. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice Mayor— Christina L. Romelus 38 39 Commissioner—Mack McCray 40 41 Commissioner—Justin Katz 42 43 Commissioner—Joe Casello 44 45 VOTE 46 ATTEST: 47 48 49 50 Judith A. Pyle, CMC 51 City Clerk 52 53 54 (City Seal) 55 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\ACEIFC5B-2C75-4882-978C-F69B83E5635D\Boynton Beach.11546.1.Landscape_Maintenance_Memorandum_Of Agreement FDOT -_Reso.Doc Page 90 of 1675 r O, r W IPg I 1-�yr r z w Sr ��f is�(�}�r s�F �S� r t\s• r �,� o r � i �;r11} i ow`s Iz 77, �M�i�®�®�ds MINE; ME o ���I���E;" rs OPP ITMORNSIN y'{;tit, ,t iaamm�l, t t t 4 c rlBAi �? G7 EV Rf a rrs t f - sa j 1�r sG>>S is rr4 1} r 3 4 r' IC Iz o loes rQ 7rt i r; ril � + 11$� rry, s 14w, ........... INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE PROJECT TO IMPROVE THE SPECIFIED INTERSECTIONS LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT("Agreement") is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or"Parties"). WITNESSETH : WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Pian")calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, the CITY and the CRA desire to provide funding for an intersection improvement project(the"Project")for the intersections of US 1 and: Woolbright Road, E. Ocean Avenue, E. Boynton Beach Boulevard, and Martin Luther King Jr. Boulevard (collectively, the "Intersections"); and WHEREAS, the Intersections are within the boundaries of the CRA Area, and more specifically, in the Downtown and Federal Highway Corridor Districts; and WHEREAS,the Project is intended to improve the aesthetics and function of Intersections and will occur as part of a larger improvement project being undertaken by the Florida Department of Transportation; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial economic impact of the Project,the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 00986798-1 Page 92 of 1675 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Two Hundred and Thirty Thousand and 001100 Dollars ($230,000.00), for improvements to the Intersections consistent with the terms of this Agreement, to be used for reimbursement of certain eligible costs. b. The CRA shall make payments to the CITY upon receipt of a written request from the CITY for payment, which request shall comply with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CIT Y shalt ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the Florida Department of Transportation, and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance Florida Statutes 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request")to the CRA no later than 45 days after the Project achieves substantial completion. The request shall include the following information: i. Evidence the Project has achieved substantial completion as evidenced by a fully executed Certification of Substantial Completion; ii. The amount of reimbursement requested; 00986798-! Page 93 of 1675 iii. A summary of the Project improvements for which the City seeks reimbursement; iv. A statement that the Project is in compliance with the Plan and Florida Statutes and evidence supporting the same. v. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. b. The City will only make one Reimbursement Request. No subsequent or additional requests, even if such requests would otherwise meet the terms of this Agreement, are eligible for reimbursement. C. Upon receipt of a Reimbursement Request from the CITY deemed complete as meeting the requirements of this Agreement,the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within thirty (30) days of receipt of the Reimbursement Request. d. If the CITY fails to submit a Reimbursement Request within 45 days after the Project achieves substantial completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the City in writing. The City shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the City fails to provide the documentation required by the CRA within 30 days, the City shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the City for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible to the CITY for providing reimbursement for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise 00986798-1 Page 94 of 1675 related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the CRA reimburses the CITY for the Project. In no case shall the CRA be required to reimburse the CITY for any requests submitted after the CRA reimburses the City, or after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Council and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. If either Party defaults by failing to perform or observe any of the material terns and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms 00986798-1 Page 95 of 1675 specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. if any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this 00986798-1 Page 96 of 1675 paragraph. For the present, the Parties designate the following as the respective places for giving of notice. a. CITY: Lori LaVerriere, CITY Manager CITY of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody&Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy,Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties.The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 00986798-1 Page 97 of 1675 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e.,via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival.The provisions of this Agreement regarding indemnity,waiver,and termination, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Judith Pyle, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney 00986798 Page 98 of 1675 Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Zqr' r Office of the CRA Attorney Steven B. Grant, Chair Date: 00986798-1 Page 99 of 1675 Approved Fonit BOYNTON, BEACH COMMUNITY RENT ACJEN" Y ByUffic4 c►f'(lie('ItA Attorney Steven fh. )it,clu ir Page 100 of 1675 SECTION No.: 93010 FM No. (s): 437834-1-52-01 COUNTY: PALM BEACH S.R. No.: 5 STATE OF FLORIDA DEPARTMENT OF TRANS PORTATATION DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component AGENCY of the State of Florida, hereinafter called the DEPARTMENT and the City of Boynton Beach, a municipal corporation, existing under the Laws of Florida, hereinafter called the AGENCY. WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 (US I/Federal Highway) as part of the State Highway System as described in Exhibit"A"; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain landscape improvements as indicated within the right of way of State Road 5 (US II/Federal Highway) as described within Exhibit "B" [(pursuant to definition in paragraph number 2)]; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit"A" (attached hereto and incorporated by reference herein), within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is agreeable to maintaining those Landscape Improvements within the AGENCY'S limits including plant materials, irrigation system and/or hardscape to the medians and areas outside the travelway to the right of way line and/or areas within the travel way that may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other hardscape (if applicable), but excluding standard concrete sidewalk; and agrees such improvements shall be maintained by periodic mowing, fertilizing, weeding, litter pick-up, pruning, necessary replanting, irrigation repair and/or repair of the median concrete replacements associated with the specialty surfacing (if applicable) as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside the trayway and improvements made to the travel way that was made at the request of the AGENCY; and SATransportation DeveloprnentTesign\ln-House Design\Landscape Architecture\AGREEMENTS\1 MOXBOYNTON BEACH1MOA—Boynton_SR5-437834-1-52-01\Boynton Bch_SR5(437834-1-52-52-01)7-8-1 B.docx Page 1 of 21 Page 101 of 1675 WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated 20 , attached hereto and by this reference made a part hereof, d—es-ires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The DEPARTMENT shall install or caused to be installed landscape improvements described as: plant materials, irrigation /or hardscape on the highway facilities substantially asspecified in plans and specifications hereinafter referred to as the Project(s) and incorporated herein as referenced in Exhibit "B" and "C". Hardscape shall mean, but not be limited to, site furnishings, landscape accent lighting, bike racks, fountain, tree grates, decorative free standing or retaining wall(s) and/or any non-standard roadway, sidewalk, median or crosswalk surfacing, such as, but not be limited to the following: specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]). If there are any major changes to the plan(s), the DEPARTMENT shall provide the modified plan(s) to the AGENCY and.the AGENCY shall provide their approval or disapproval to the DEPARTMENT within 10 business as. The DEPARTMENT may elect to withdraw the landscape improvements if changes are not approved within the given time frame. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the landscape improvements, as existing and those to be installed, within the physical limits described in Exhibit "A" and as further described in Exhibit "B". The non-standard improvements within and outside the travelway shall be maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT, the AGENCY, or others authorized pursuant to section 7, by periodic mowing, pruning, fertilizing, weeding, curb and sidewalk edging, litter pickup, necessary replanting, irrigation system repair and/ or repair of any median concrete replacement associated with specialty surfacing (if applicable) following the DEPARTMENT'S landscape safety and maintenance guidelines, Exhibit "C", the Maintenance Plan and Exhibit "E", Patterned Pavement Maintenance. The AGENCY'S responsibility for maintenance shall include aII landscaped, turfed and hardscape areas on the sidewalk or within the medians and areas outside the travel way to the right-of-way and/or areas within the travelway containing specialty surfacing. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of non-standard travelway surfacing and the associated header curb and concrete areas (if applicable) on DEPARTMENT right-of-way within the limits of this Agreement. &\Transportation Development0esignUn-House Design\Landscape Arch itectureAG RE EM E NTS\1 MOA\BOYNTON BEACH\MOA—Boynton_SR5-437834-1--52-01\Boynton Bch_SR5(437834-1-52-52-01)7-8-18.docx Page 2 of 21 Page 102 of 1675 B. Such maintenance to be provided by the AGENCY is specifically set out as follows: to maintain, which as to properly water and fertilize all plants; to keep the as free as practicable from disease and harmful insects; to properly mulch the planting beds; to keep the premises free of weeds; to mow the to tote proper height; to properly prune all plants which ata minimum includes: (1) removing dead or diseased parts of plants, (2) pruning such parts thereof to provide clear visibility to signage, permitted outdoor advertising signs (per Florida Statute 479.106), and for those using the roadway and/or sidewalk; (3) preventing any other potential roadway hazards. Plant materials shall be those items is would be scientifically classified as plants including trees, palms, shrubs, roup cover and turf. To maintain also means to remove or replace dead or diseased plants in their entirety, or to remove or replace those that fall below original project standards. Palms shall be kept fruit free year round. To maintain means to keep the header curbs that contain the specialty surfacing treatment in optimum condition. To maintain also means to keep the hardscape areas clean, free from weeds and to repair said hardscape as is necessary to prevent a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. All plants removed for whatever reason shall be replaced by plants of the same species type, size, and grade asspecified in the original plans and specifications. Any changes to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval. C. If it becomes necessary to provide utilities (water/electricity) to the medians or areas outside the travel way to maintain these improvements, all costs associated with the utilities for the landscape improvements including, but not limited to any impact and connection fees, and the on-going cost of utility usage for water and electrical are the maintaining AGENCY'S responsibility. (1) The AGENCY shall be solely responsible for any impact and/or connection fees. D. The maintenance functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or Agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 4. NOTICE OF MAINTENANCE DEFICIENCIES A. If at any time after the AGENCY has undertaken the maintenance responsibilities for the landscape improvements, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits, or a part thereof, are not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his/her option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, placing said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: &Uransportation Development0esignVn-House Design\Landscape Arch itecture\AGREEMENTS\1 MOA\BOYNTON BEACHIMOA-Boynton-SR5.-437834-1-52-01\BoyntonBch-SR5('437834-1-52-52-01)7-8-18.docx Page 3 of 21 Page 103 of 1675 (1) Maintain the landscape improvements or any part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, /or (2) At the discretion of the DEPARTMENT, terminate the Agreement in accordant with Paragraph 9 of this Agreement and remove, by the DEPARTMENTr Contractor's personnel, all of the landscape improvements is Ile under this Agreement or any preceding ree es, except as to trees and palms, and charge the AGENCY the reasonable cost of such removal. B. The AGENCY agrees to reimburse the DEPARTMENT all monies expended the DEPARTMENTfor the landscape improvements lista in Exhibit "B" in thea ons listed in Exhibit "13" should the landscape improvement fail to be maintainedin accordance with the terms and conditions of this Agreement. FUTURE5. T T IMPROVEMENTS It is understood between the parties hereto that the landscape improvements cov r is Agreement mayremoved, relocated or adjusted at anyi in the future as determined to be necessary y the DEPARTMENT in order that the adjacent stat road be widened, altered or otherwise chane o meet futurecriteria or planning nes of the DEPARTMENT. The AGENCY shall be given sixty ( ) calendar days notice to remove said landscape improvements CY' expense er which time the DEPARTMENT mayremove same. All permits (including tree permits), fes, and anymitigation associated withthe removal, relocation or adjustments of theseimprovements are the maintaining AGENCY'S responsibility. 6. FUTURE C IMPROVEMENTS The AGENCY may construct additional I n sca e improvements i in the limits of the improvements ri hts of ways identified herein, subject o the followingconditions: (a) Plans for any new landscape improvements s II be subject o approval the DEPARTMENT. CY shall not change or deviate from said lana without written approval by the DEPARTMENT. ( ) The AGENCY shall procure a permit from the DEPARTMENT. (c) All landscape improvements s II be developed andimplemented in accordance with appropriate state safety and roadway si n standards. ( ) The AGENCY agrees o comply withrequirements of this Agreement with regard to any additional landscape improvements it choses to have installed and there will be no cost tote DEPARTMENT. SATransportation Deveiopmenttoesign\1n-House DesignIandscape ArchitectureVAG EEMEVTSt1 MOAtBOYNTON BEACH;MOA_Boynton_SR5_437834-1-52-011Boynton Bch_SR5(437834-1-52-52-01)7-8-18.docx Page 4 of 21 Page 104 of 1675 7. ADJACENT PROPERTY OWNER IMPROVEMENTS The DEPARTMENT may allow an adjacent property owner to construct additional landscape improvements within the limits of the rights of way identified in Exhibit "A" of this Agreement and the AGENCY shall be responsible for maintaining those improvements under this Agreement subject to the following conditions: (a) Plans for any new landscape improvements shall be subject to approval by the DEPARTMENT and shall require a valid permit attached with a letter of consent to said plans by the AGENCY. The plans shall not be changed or deviated from without written approval by the DEPARTMENT and the AGENCY. (b) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements installed by an adjacent owner. 8. LANDSCAPE IMPROVEMENTS COST The DEPARTMENT agrees to enter into a contract for the installation of the landscape improvements with an estimated amount of L217,968.00 as referenced in Exhibit"13". This amount may be reduced or eliminated at the sole discretion of the DEPARTMENT or due to budgetary constraints of the DEPARTMENT. The DEPARTMENT'S participation in the landscape improvements' cost, as described in Exhibit "U' is limited to only those items which are directly related to the Landscape improvement plans. (1) The AGENCY shall be invited to assist the DEPARTMENT in the final acceptance of the landscape improvements by the DEPARTMENT associated with the roadway construction project and then upon completion of the FDOT Specification 580 Contractor's Plant Establishment Period. 9. AGREEMENT TERMINATION In addition to those conditions otherwise contained herein, this Agreement may be terminated under any one (1) of the following conditions: (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this Agreement, following ten (1 0) days written notice. (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. &Uransportation Development0esignVri-House Design\Landscape Arch itectu re\AGREE M ENTS\1 MOA\BOYNTON BEACHIMOA—Boynton-5R5-437834-1-52-01 1Boynton Bch SR5(437834-1-52-52-01)7-8-18.c;ocx Page 5 of 21 Page 105 of 1675 10. AGREEMENT TERM A. The term of this Agreement commences on execution by all parties. The term of this Agreement shall remain in effect for twenty-five (25) years. B. If the DEPARTMENT chooses not to implement the landscape improvements described in Exhibit "B", this Agreement becomes of and the original Agreement is reinstated if any. 11, LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, consultants, sub-consultants, contractors, and/or sub-contractors, such party in any contract for the landscape improvements shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, consult s, contractors and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: (1) AGENCY'S contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a for no more restrictive than the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as it by the Insurance Services is and shall name the DEPARTMENT as an additional insured on such policies. (2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverage specified herein prior to the beginning performance of work under this Agreement. (3) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of AGENCY'S contractor is completed. All policies must be endorsed to provide the DEPARTMENT with at least thirty (3 0) days notice of cancellation and or/or restriction. If any of the insurance coverage will expire prior tot completion of work, copies of renewal policies shall be furnished at least (3 0) as prior to the date of expiration. 12. E-VERIFY REQUIREMENTS The AGENCY shall: &kTransportation Development0esignMn-House,DesignIandscape Architect uretAGRE EME NTS\1 MOXBOYNTON BEACH\MOA_Boynton—SR5-437834-1-52-01\BoyntonBeh—SR5(437834-1-52-52-01)7-8-18.docx Page 6 of 21 Page 106 of 1675 (a) Utilize the U.S. Department of-Homeland Security's E-Verify system to verify the employment eligibility of all new employees it by the AGENCY during the term oft contract; and (b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 13. SUPERSEDED AGREEMENTS This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except the associated Locally Funded Agreement. 14, FISCAL TERMS The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 15. DISPUTES The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision on all claims, questions and disputes shall be final and conclusive on the parties hereto. 16.ASSIGNMENT This Agreement may not be assigned or transferred by the AGENCY in of or part without the consent of the DEPARTMENT, 17. LAWS GOVERNING This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and venue and SATranspodation Development0esign\ln-House DesignIandscape Architecture\AGREEMENTS\1 MOAV30YNTON BEACHlMOA—Boynton—SR5-437834-1-52-01\BoyntonBch_SR5(.437834-1-52-52-01)7-8-18.docx Page 7 of 21 Page 107 of 1675 that the DEPARTMENT shall determine the forum and venue in is any dispute under this agreement is decided. 18. NOTICES Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent tot following addresses. If to the DEPARTMENT: If to the AGENCY: State of Florida Department of Transportation City of Boynton Beach 3400 West Commercial Blvd. 100 E. Boynton each Boulevard Ft. Lauderdale, FL 33309-3421 Boynton each, Florida 33435 Attention: Elisabeth A. Hassett, R,L.A. Attention: City Manager FDOT District IV Landscape Architect 19. LIST OF EXHIBITS Exhibit A: Roadway Project Location and Landscape Improvements Maintenance Boundaries Exhibit B: Landscape Improvement Plans Exhibit C: Maintenance Plan for Landscape Improvements Exhibit D: Approximate Cost for Landscape Improvements Exhibit E: Patterned Pavement Maintenance SATransportation Development\Design\ln-House Design\Landscape Architecture\AGREEMENTS\1 MOXBOYNTON BEACHIMOA—Boynton—SR5-437834-1-52-01\BoyntonBch_SR5(437834-1-52-52-01)7-8-18.doex Page 8 of 21 Page 108 of 1675 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. STATE OF FLORIDA CITY OF BOYNTON BEACH DEPARTMENT OF TRANSPORTATION By: By• Chairperson/Mayor/Manager Transportation Development Director Attest: (SEAL) Attest: (SEAL) Clerk Executive Secretary Legal Approval Date Legal Review Date Office of the General Counsel SATransportation DevelopmentkDesignVn-House DesignIandscape Architecture\4GREEMENTS11 MOMBOYNTON BEACH\MOA—Boyntori_SR5_437834-1-52-01\Boynton Bch_S R5(437834-1-52-52-01)7-8-18.docx Page 9 of 21 Page 109 of 1675 SECTION No.: 93010 FM No. (s): 437834-1-52-01 COUNTY: PALM BEACH S.R. No.: 5 EXHIBIT A ROADWAY PROJECT LOCATION AND LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES I. ROADWAY PROJECT LOCATION: State Road 5 (US1 / Federal Highway) from north of George Bush Boulevard (M.P. 10.78) to the C-16 Canal (M.P. 15.10) [I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS State Road 5 @ Woolbright Road: Patterned pavement at the four (4) crosswalks and a logo at the center of the intersection. M.P. 13.371 to M.P. 13.392 State Road 5 @ East Boynton each Boulevard: Patterned pavement at the four (4) crosswalks and a to at the center of the intersection. M.P. 14.242 to M.P. 14.263 State Road 5 @ East Ocean Avenue: Patterned pavement at the four (4) crosswalks and a logo at the center of the intersection. M.P. 14.365 to M.P. 14.386 State Road 5 @ N.W. 10111 Avenue (Martin Luther King Jr. Boulevard): Patterned pavement at the four (4) crosswalks and a logo at the center of the intersection. M.P. 14.863 to M.P. 14.879 Ill. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP, See Attached SATransportation Development0esignVn-House DesignIandscape Architecture�AGREEMENTS\l MOAWYNTON BEACHI'MOA—Boynton—SRS-437834-1-52-01\Boynton Bch_S R5(437834-1-52-52-01)7-8-18.docx Page 10 of 21 Page 110 of 1675 az '•",. `'t�k jt�1 � I 4 - rj�}`� 'i rc r I syy st t .. 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Ai Am S i i Page 111 of 1675 Y w t sA4 f td3 !i SjjSit [ 3 t lk 61 25 '� 11 i}� �s�t�)� t 'ttx i 1� Iii��s���i��s ��i(t��A���'-R�"� 5` _ - ��'1-i•-�1 ' �I is t� V �� t�t�1� b it '»,� I �i� �} �"4rj�i,,• — �,..Y R � U ( A I s i ss h`"•-1 ( \`I t t 1{ ( f „ i""1 i f i � � `2� x \tii I IM Z i f r z z J} g KIM �t t 'ls r S t f t'��{i V k .> �� }r'xi �� �� Yl� oLL i, s SS, t y� }3 sh S�S s� Page 1112 of 1675 az m tdy Al ........ 111 1i i1 1,9XIA, wh"; rn `'77' C Kiy, Ill"N111710IM 11, 0,*A, dz I WIM, .6; . .......... AW, aRA a qm o 41 V*,4 4ill 9',m I .......... Page 113 of 1675 w us o I N « t� 1i}i r� �� Ir tilq 1 c 14 rn a i i !II N n w u s o v} «tj tt}vV ik II tttkti is tt y a MW r t F I s 4 n FIV �,�. s� � S4I,tAf @ «t �M i ti 1 i � ;na 1J1 v t ttiiiiiart s t1 t 1J < i"O i 1 IkkJ iii �r iii\trI +pP�° � M lip, �4\ c V I i 5,, t t Page 114 of 1675 SECTION No.: 93010 FM No. (s): 437834-1-52-01 COUNTY: PALM BEACH S.R. No.: 5 EXHIBIT B LANDSCAPE IMPROVEMENT PLANS The DEPARTMENT agrees to install the landscape improvements in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Maverick K. Marshall, P.E. JMT—Johnson, Mirmiran &Thompson Date: May 11, 2018 Sheets—36, 45, 46 & 51 SATransportation DevelopmentOesign%ln-House Design\Landscape Architecture\AGREEMENTS\1 MOAWYNTON BEACH\MOA—Boynton—SR5-437834-1-52-01\BoyntonBch_SR5(437834-1-52-52-01)7-8-18.docx Page 11 of 21 Page 115 of 1675 ......... II I lily Al, fu 04 f u uu II 04 II E m = ,>i R �" � � II: ! 'c' >� ' ! I 91 SII 00 0 � II' EIS, i t 111'ulgll kl., q �b I``�!i-R •'ap ,.ft 11 ,Y w rl n° 'ad 1149IY9100M '3 -H91dR1OO1V1 '3 to mitis;w�a , �4—�]• �:,! �� wawa � m®I� �C y W gS3q 0 1 1 v V r,. •r vE�h t }III w;� 'II'��Id II °�Iy'"` / ..,lo-- a�. xa 1 e ! a x r' p,, !! rem �, ✓ .®'°�> uo, o®`°®c; c, c "7r�>. �� � `�i����� II II I. I. I I q w� I w II • ! II:�.ry. 6144b--.d¢etRm .' 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HAI 1 €SII i I� if3 AR! �II ' ..'.'5 UNNN,r4.-.ty r'vN2 s I q iii !i ii ill!I II �w, � �I( gmv'n111111 B� E I�,iwa ` e� 7'M� k � �� 111 �� f; _.e. U) � _w W y {I I {I W c mcc 1 CC y w kn II C Sy�II 30 .+f'111 -O,1IZ V15.1d .4 »� In [pl ;I 3 l m CC cl ri pz+6tz rots Jd I x I I z ��a�sa IQo p° h I�t� b F8,L01 3 qrl ���1 3•- gyv � M I �Q pxfl ., ._AV 141Oi 3N as r J, bI Il 11 y�il IIm I W ( ul SrmlIIEIII.w;. v'l�ua. W 2`�(`i 1- sn 'll SII �R.te C QI �3 0 + o _ L b Page 119 of 1675 SECTION No.: 93010 FM No. (s): 437834-1-52-01 COUNTY: PALM BEACH S.R. No.: 5 EXHIBIT C MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS This Exhibit for an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached SATransportation DevelopmentTesignVn-House DesignIandscape Architecture\AGREEMENTS11 MOASOYNTON BEAClillmOA—Boyriton—SR5-437834-1-52-01\Boynton Bch_S R5(437834-1-52-52-01)7-8-18 A ocx Page 12 of 21 Page 120 of 1675 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): From State Road 5 (US 1 / Federal Highway) from north of George Bush Boulevard (Begin M.P. 10.78) to the C-16 Canal (M.P. 15.10) FM No(s): 437834-1-52-01 Maintaining Agency: City of Boynton Beach P.E.: Maverick K. Marshall Date: May 11, 2018 1. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: The purpose of a plan for the landscape improvements maintenance practices is to all the pI ant material on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and conserving our natural resources. Plantings and all other landscape improvements shall be maintained to avoid potential roadway hazards and to provide required clear visibility, accessibility, clearance, and setbacks as set forth by Florida Department of Transportation (FDOT) governing standards and specifications: FDOT Design Standards, FDOT Plans Preparation Manual Vol. i, Chapter 2.11 and FDOT Standard Specifications for Road and Bridge Construction, as amended by contract documents, and all other requirements set forth by the District 4 Operations Maintenance Engineer. The initial portion of the Maintenance Plan describes general maintenance requirements and recommendations. The concluding section provides recommendations prepared by the Registered Landscape Architect of Record specific to the attached approved plans. WATERING REQUIREMENTS Watering is a critical concern for not only the maintenance of healthy plant material but also for observing water conservation practices. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. For plant materials that have been established, it is imperative that any mandated water restrictions be fully conformed to on FDOT roadways. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone, but not saturate the soil or over-spray onto travel lanes. IRRIGATION SYSTEM The Agency shall ensure there are no roadway overs ray or irrigation activities during daytime hours (most notably "rush hour" traffic periods). It is imperative the irrigation controller is properly set to run early enough that the watering process will be entirely completed before high traffic periods, it adhering to mandated water restrictions. To ensure water conservation, the Agency shall monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that the system shuts down when there is sufficient rainfall. INTEGRATED PLANT MANAGEMENT An assessment of each planting area's soil is recommended to periodically determine the nutrient levels needed to sustain healthy, vigorous plant growth. Palms, shrubs, trees and to areas shall be fertilized in such a manner and frequency to ensure that the plant material remains healthy and vigorously growing. Please be alert to changes in SATransportation Development0esignUn-House Design\Landscape Architecture\AGREEMENTS\1 MOXBOYNTON BEACH\MOA—Boynton—SR5-437834-1-52-01\Boynton Bch_SR5(437834-1-52-52-01)7-8-18.docx Page 13 of 21 Page 121 of 1675 fertilization types per University of Florida, Institute of Food and Agricultural Services (I.F.A.S.) recommendations. Establishment of an integrated pest management program is encouraged to ensure healthy plants, which are free of disease and pests. MULCHING Mulch planting beds in such a manner as to prevent weed growth, retain moisture to the plants, protect against soil erosion and nutrient loss, maintain a more uniform soil temperature, and improve the appearance of the planting beds. Avoid mulch mounded up on the trunks of trees, palms, and the base of shrubs to encourage it movement in this area which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. PRUNING All pruning, and the associated safety criteria, shall be performed according to American National Standard Institute (ANSI) A300 standards and shall be supervised by an International Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and natural growth of plant materials in mind, to specific pruning heights maintaining clear visibility for motorists, and provide vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions, and all trees and palms must be maintained to prevent potential roadway and pedestrian hazards, all palms are to be kept fruit free. The specific pruning heights are determined by understanding the designer's intent whens lectin lacing the plants. The intended mature maintained height and spread of plants are noted on the plans (See Exhibit B.) and see Part I[., Specific Project Site Maintenance Requirements and Recommendations as guidance. The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) are to be mature height in compliance with Window Detail. Vertical tree heights must meet FDOT Maintenance Rating Program (MRP) standards. See Reference pages. STAKING AND GUYING All staking materials, except for replacements, are to be removed by the completion of FDOT establishment or after one year (whichever comes first). Any subsequent staking and guying activities by the Agency must adhere to FDOT Design Standards guidelines (See Index 544). The Agency shall closely monitor staking and guying attachment materials so that they are securely fastened to avoid potential roadway hazards. TURF MOWING: All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep, healthy root system while providing a at and clean appearance to the urban landscape. All to efforts, mowing, curb/sidewalk edging and to condition, must at a minimum, meet FDOT Maintenance Rating Program (MRP). LITTER CONTROL: The project site shall remain as litter free as practicable. It is recommended to recycle this litter to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance Rating Program (MRP) standards. WEEDING/HERBICIDE All planting areas shall be maintained as weed free as practicable by enlisting integrated pest management practices in areas specified on the plans and maintaining proper mulch levels. Extreme care is recommended when using a chemical herbicide to of overspray onto plant SATransportation Development\DesignVn-House DesignIandscape ArchitectureAGREEMENTS\i MOAWYNTON BEACH\MOA—Boynton—SR5-437834-1-52-01\BoyntonBch—SR5(437834-1-52-52-01)7-8-18.docx Page 14 of 21 Page 122 of 1675 materials. It is the applicator's responsibility to restore any damage resulting from overspray to the plantings, per thea rove lans. PLANT REPLACEMENT Plant replacement shall be the same species and specification as the approved plan. Move and replace all plant materials that may conflict with utility relocations and service. Only plants graded Florida #1 or better, per the Florida Department of Agriculture and Consumer Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a permit is required from FDOT for approval by the FDOT District Landscape Architect. HARDSCAPE (SPECIALTY SURFACING) All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the surfacing and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current FDOT Maintenance Rating Program Handbook Pages 43-47; ADA accessible sidewalk; and FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on The State Highway System. If the specialty surfacing or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. HARDSCAPE (CONCRETE PAVERS) All tree grates and concrete pavers (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (/CP/), Guide Specifications for Pavers on an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the specialty surfacing or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. It shall be the responsibility of the AGENCY to maintain all signs located within a non-standard surfacing area. Such maintenance to be provided by the AGENCY shall include repair and replacement of the sign panel, post, and base. HARDSCAPE (NON-STANDARD) TRAVELWAY SURFACING It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement (if applicable), caused or contributed by the installation or failure of non-standard surfacing, /or the header curb, on the Department of Transportation right of way within the limits of this Agreement. Pavement restoration areas or "patches" will have a minimum length of 10-ft, measured from the edge of the header curb, and a width to cover full lanes for each lane affected by the restoration. Pavement restoration will be performed in accordance with the most current edition of the FDOT Standard Specifications for Road and Bridge Construction, and the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System. &\Transportation Development0esignVn-House DesignIandscape Arch itectu re\AG REE ME NTS\1 IVIOXBOYNTON BEACH\MOA_Boy nton—S R5437834-1-52-01\Boynton Bch_S R5(437834-1-5 2-52-01)7-8-18.docx Page 15 of 21 Page 123 of 1675 HARDSCAPE (LANDSCAPE ACCENT LIGHTING) (I F APPLICABLE) Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system become damaged, they shall be replaced with the same type and specification as thea rov pIan. Landscape lighting shall meet requirements for the sea turtle nesting and hatching. MAINTENANCE OF TRAFFIC CONTROL Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during routine maintenance and/or new installations of this DOT roadway. VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA) (IF APPLICABLE) To avoid conflicts with permitted outdoor advertising, please reference the State of Florida site regarding the vegetation management of outdoor advertising. This website provides a portal to search the FDOT Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Also, reference the Florida Highway Beautification Program site link for Vegetation Management at ODA signs Florida Statutes and Florida Administrative Code related to vegetation management at outdoor advertising sign, permit applications for vegetation management and determining mitigation value of roadside vegetation. SATransportation Development0esigMin-House DesignIandscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH1PAOA—Boynton—SR5-437834-1-52-01\Boynton Bch_S R5(437834-1-52-52-01)7-8-1 8.docx Page 16 of 21 Page 124 of 1675 REFERENCES This reference list is provided as a courtesy. The list may not contain the most current websites. The most current references must be accessed for up to date information. Accessible Sidewalk (ADA) htto://www.access-board.qov/guidelines-and-standards/streets-sidewalks Americans with Disabilities Act (ADA) (ADAAG) hftpj/wwwa ov/2010ADAstandards index.htm American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations— Trees, Shrub, and Other Woody Plant Maintenance— Standard Practices (Pruning), available for purchase http: '/webstore.apsi,p[g Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Plants 2015 httr): '/www.freshfromflorida.com/Divisions-Offices/Plant-industrv/Bureaus-and-Services/Bureau- of-Plant-and-Apiarv-Inspection Florida Department of Community Affairs (DCA), Florida Board of Building Codes & Standards, 2017 Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction Part A http://www2.ices afe.orQ/states/florida codes/ Florida Department of Transportation, Program Management, Maintenance Specifications Workbook Supplemental Specifications, Section 580 Landscape Installation http:// . do .gov/ rogra anaa end aint n nce/2 1 Ja /de a l .shtm Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 580-001 Landscape Installation http://www. ot.qov/design/standardiolans/current/[Dx/580-001.pdf Florida Department of Transportation, F Design Manual for Design, Construction, Maintenance and Utility Operations on the State Highway System, Chapter 212.11 Clear Sight Triangles httr)://www.fdot.glo Iroadwav/FDM/current/2018FDM2121ntersections.�df Florida Department of Transportation, F Design Manual for Design, Construction, Maintenance and Utility Operations on the State Highway System, Chapter 21 5.2.3 Clear Zone Criteria and 215.2.4 Lateral Offset Table 215.2.1 Clear Zone Width Requirements Table 21 5.2.2 Lateral Offset Criteria (for Trees) http://www.fdot. ov/roadway/FDM/current/2018FDM215Roadside SafetR- -Y. d ff SATransportation Development0esignVn-House Design\Landscape Architecture\AGREEMENTS\1 MOASOYNTON BEACHMA—Boy nto n_S R5437834-1-52-01\Boynton Bch_S R5(437834-1-52-52-01)7-8-18.doex Page 17 of 21 Page 125 of 1675 Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index Series 102-600 Traffic Control through or Zones http://www.fdot.aov/design/standardDlans/current/[Dx/l 02-600.p Department of Transportation, Landscape Architecture site www.MyFloridaBeautiful.com Florida Department of Transportation, Maintenance Rating Program Handbook http:'/www.dot.state.fl.us/state m ai nte n an ceoffice/Ma int aing roars shtm Florida Department of Transportation Outdoor Advertising Database p:// dot.state.fl.us/rig htofwayl Florida Exotic Pest Plant Council Invasive Plant Lists hftp://www.fier)pc.ora/Iist/iist.htm Florida Irrigation Society h9pL/1www-fisstate.or 2 Florida Power and Light (FPL), Plant the Right Tree in the Right Place httrD://www.flpl.com/residential/trees/riclht tree right place.shtmi SATransportation 0evelopment0esignVn-House DesignIandscape Architecture\AGREEMENTS11 MOAWYNTON BEACH\MOA—Boynton_SR5-437834-1-52-01\Boynton Bch_S 85(437834-1-52-52-01)7-8-18.docx Page 18 of 21 Page 126 of 1675 SECTION No.: 93010 FM No. (s): 437834-1-52-01 COUNTY: PALM BEACH S.R. No.: 5 EXHIBIT D APPROXIMATE COST FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. $ 2117,968. Amounts are approximate SATransportation Development0esign'An-House DesignIandscape Architecture\AGREEMENTS\1 MOMBOYNTON BEACH\MOA—Bovnton—SR5-437834-1-52-01\BoyntonBch SR5(437834-1-52-52-01)7-8-18.docx Page 19 of 21 Page 127 of 1675 SECTION No.. 93010 S.R. No.:5 FM No.:437834-1-52-01 COUNTY: PALM EACH 5R-5/US-I/Federal Highway from north of George Bush Blvd(Begin MP 10.78)to the C-16 Canal(End MP 15.10) Exhibit D T E. BOYNTON BEACH BLVD./US1 INTERSECTION PAYITEM DESCRIPTION JUNITS QUA TI IT COST COST 523-1 PAVEMENT ISY _1_547 90.00 $ 49,201 SUBTOTAL $ 49,201 CONSTRUCTION SUBTOTAL $ 49,201 20%LFA CONTINGENCY $ 9,840 TOTAL $ 59,041 E.OCEAN AVE./US1 INTERSECTION [ PA TTTERNED PAVEMENT ISY 1 512 1 $ 90.00 $ 46,119 PAYITEM DESCRIPTION I UNITS QUA TI I UNIT COST COST 523-1 SUBTOTAL $ 46,119 CONSTRUCTION SUBTOTAL $ 46,119 %LFA CONTINGENCY[ $ 9,224 TOTAL 55,342 E. WOOLBRIGHT RD./US1 INTERSECTION IAYITIM �DESCRIPTIO N ITS QUA TI IT COST COST 523-1 R PAVE ISY _.._[ 513 ............ 90.00 $ 46,165 SUBTOTAL $ 46,165 CONSTRUCTION SUBTOTAL $ 46,165 %LFA CONTINGENCY $ 9,233 L TOTAL $ 55,398 NE 10th Ave. (MLK Jr. Blvd.)/US1 INTERSECTION PAYITEM DESCRIPTION UNITS QUA TI UNIT COST COST 523-1 P PAVE SY 446 $ 90.00 $ 40,156 _L SUBTOTAL $ 40,156 CONSTRUCTION SUBTOTAL $ 40,156 %LFA CONTINGENCY $ 8,031 TOTAL $ 48,187 $ 217,968 Page 128 of 1675 SECTION No.: 93010 FM ® (s): 437834-1-52-01 COUNTY: PALM BEACH EXHIBIT E PATTERNED PAVEMENT MAINTENANCE This Exhibit forms an integral part of the DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. "Maintenance" of all patterned pavement crosswalks in these Agreements shall be defined, as a minimum, to include its frictional characteristics and integrity as follows: (1) Within 60 days of project acceptance by the Department, all lanes of each patterned pavement crosswalk shall be evaluated for surface friction. The friction test shall be conducted using either a locked wheel tester in accordance with FM 5-592 (Florida Test Method for Friction Measuring Protocol for Patterned Pavements) or Dynamic Friction Tester in accordance with ASTM E1911. All costs for friction testing are the responsibility of the AGENCY. (2) The initial friction resistance shall be at least 35 obtained at 40 mph with a ribbed tire test (FN40R) or equivalent (FM 5-592 attached). Failure to achieve this minimum resistance shall require all deficient crosswalk areas to be removed to their full extent (land-by-land) and replaced with the same product installed initially. The AGENCY is responsible for all costs associated with the removal and replacement of the crosswalk. If the Department determines that more than 50% of the lanes int intersection require replacement, the entire intersection installation may be reconstructed with a different product on the Qualified Products List (QPL) or replaced with conventional pavement. (3) Approximately one year after project acceptance and every one year thereafter and for the life of the adjacent pavement, only the outside traffic lane areas of each patterned crosswalk shall be tested for friction resistance in accordance with ASTM E274 or ASTME 1911. Friction resistance shall, at a minimum, have a FN40R value of 35 (ore ival ). SATransportation Development\Design\ln-House DesignIandscape ArchitecturetAGREEMENTStl MOAWYNTON BEACH\MOA—BoVnton—SR5-437834-1-52-01\BoyntonBch_SR5(437834-1-52-52-01)7-8-18,docx Page 20 of 21 Page 129 of 1675 (4) The results of all friction tests shall be sent to the Operations Engineer at the local FDOT District Four Operations Center located at Palm each Operations, 7900 Forest Hill Blvd., West Palm Beach, FIL 33413 (561) 432-4966, with a cover letter either certifying, that the crosswalks comply with the minimum friction criteria, or stating what remedial action will be taken to restore the friction. (5) Failure to achieve the minimum resistance shall require all lanes of the crosswalk to be friction tested to determine the extent of the deficiency. All deficient areas shall be removed to it full extent (lane-by-lane) and replaced with the same product installed initially. If the Department determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the QPL, or replaced with conventional pavement. (6) When remedial action is required in accordance with the above requirements, the local agency shall complete all necessary repairs at its own expense within 90 days of the date when the deficiency was identified. No more than two full depth patterned pavement repairs shall be made to an area without first resurfacing the underlying pavement to 1"' minimum depth. (71) The Department will not be responsible for replacing the treatment following any construction activities by the Department in the vicinity of the treatment, or any costs for testing. (8) Should the local agency it to satisfactorily perform any required remedial or or testing in accordance with this agreement, the Department reserves the right to replace the patterned pavement with conventional pavement (matching the adjacent pavement) and bill the local agency for this cost. SATransportation Development0esignkin-House DesignIandscape Architecture\AGREEMENTS11 MONBOYNTON BEACHI'MOA—Boynton—SR5-437834-1-52-01\BoyntonBch—SR5(437834-1-52-52-01)7-8-18.docx Page 21 of 21 Page 130 of 1675 FLORIDA DEPARTMENT OF TRANSPORTATION F D g7T Stade Matehals Office 5007 NE 391h Avenue Gainesville, Flom 32609 September 25 2014 Florida Test Method for Friction Measuring Protocol for Patterned Pavements Designation: FM 5-592 1. SCOPE This method covers the testing procedures for evaluating the friction resistance of Patterned surfaces used in crosswalks over asphalt and concrete surfaces Note 1: This test method contains two parts: Part A- Friction testing performed with the Locked Wheel Friction Tester Part B- Friction testing performed with the Dynamic Friction Tester (DFT) 2. APPARATUS 2.1 Locked Wheel Friction Tester- This apparatus shall be standardized in accordance with ASTM E 274, "Standard Test Method for Skid Resistance of Paved Surfaces Using a Full-Scale Tire". The friction test tire used shall be in accordance with ASTM E 501, "Standard Specification for Standard Rib Tire for Pavement Skid-Resistance". 2.2 Dynamic Friction Tester- This apparatus shall be standardized in accordance with ASTM E 1911, "Standard Test Method for Measuring Paved Surface Frictional Properties Using the Dynamic Friction Tester". 3. FRICTION NUMBER CONVERSION The regression equations relating the locked wheel test results and the DFT results at 40 mph (65 km/h) are: FN40R=0.64 DFT40+9.23 (1) DFT40=1.56 FN40R—14.42 (2) where, FN40R = Friction Number from locked wheel testing at 40 mph using a ribbed tire DFT40 = Coefficient of Friction from DFT at 40 mph multiplied by 100. Although the above equations can be used to convert the DFT result to the locked wheel friction number at 40 mph and vice versa, conditions do exist where FM 5-592 1 Page 131 of 1675 FLORIDA DEPARTMENT OF TRANSPORTATION State Materials Office 6097 NE 3911 Avenue Gainesville, Fforida 32609 September 26 2014 the DFT testing or the locked wheel testing at 40 mph is not feasible due to constraints such as safety, traffic congestion, speed limits, and/or roadway geometries. In these cases, it may be preferable to conduct the locked wheel testing at a slower speed, e.g., 20 or 30 mph. The following regression equations have been developed to convert the locked wheel test results at 20 and 30 mph to those at 40 mph: FN40R=0.89•FN20R—4.88 (3) where, FN20R = Friction Number from locked wheel testing at 20 mph using a ribbed tire, and FN40R=0.95•FN30R—2.91 (4) where, FN30R = Friction Number from locked wheel testing at 30 mph using a ribbed tire. For ease of application of the above harmonization results, Table 1 summarizes the conversions from FN30R, FN20R and DFT40 to FN4OR. Note that the friction numbers shown in this table were rounded to the closest integer. The numbers highlighted in yellow represent the current minimum required friction numbers depending on survey cycle, test method, and speed evaluated. Table 1. Friction Number Table _ FN40R FN3OR FN20R DFT40 22 26 30 f 20 23 27 31 21 24 28 32 23 25 2934 25 26 30 _ 35 26 _......._ 27 �. . 31 36 28 28 33 37 29 29 34 - - 38 31 30* 35* 39* 32*. 31 36 40 34 32 37 41 36 33 38 43 _ 37 34 39 44 39 FM 5-592 2 Page 132 of 1675 FLORIDA DEPARTMENT OF TRANSPORTATION F D q7T 5007 NE 391h Avenue State Materdads Office Gainesville, Florida 32619 September 26,2014 35** 40** 45** 40" 36 41 4642 37 42 47 43 38 43 48 45 39 44 49 46 40 45 50 48 41 46 52 50 42 47 53 51 43 48 54 53 F ..,, _....,_ _ _- u 44 49 55 54 45 50 56 56 * Minimum friction numbers required for inventory cycles of patterned crosswalks. **Minimum friction numbers required for new construction and 3-year APL test decks for patterned crosswalks. 4. PROCEDURE The test procedures for both the Locked Wheel Friction Tester and the Dynamic Friction Tester are described in the following. All testing should be performed within either the driver or passenger side wheel path, regardless of the equipment used. 4.1 PART A- Friction Testing with the Locked.Wheel Friction Tester A) New Construction — The locked wheel test shall be conducted on all crosswalks within 60 days of the new surface completion date. One valid lockup test is required for each lane; all lanes shall be evaluated and compared. The test layout is shown in Figure 1. B) Inventory — For in-service Approved Product List (APL) test sections, the locked wheel test is conducted at 6 month intervals up to 3 years. Maintenance surveys are conducted on a yearly basis. Test site shall be confined to a single outside traffic lane (single direction) for each crosswalk location. The locked wheel test will require three repeat lockups and averaged for the designated test lane. The lane in which the friction tests were conducted must be identified in the report along with the test results. C) Retest — At any point when friction numbers are determined to be below the required values shown in Table 1, all lanes shall be evaluated and the range of friction values shall be determined. FM 5-592 3 Page 133 of 1675 FLORIDA DEPARTMENT OF TRANSPORTATION State Materials Office 5007 NE 3 ,€I Avenue G inesviHe, Florida 32609 September 26, 2014 D) Special Request — At any time a patterned pavement is in need of a special assessment, the designated lane(s) shall be evaluated to determine the range of representative friction values. OFT OFT DFT Location Locatlion All Tests Conducted in Wheel Path - ThemoplaSUCS C s Walk Thenwoollastics FIGURE 1 Testing protocol for patterned pavement. 4.2 PART B- Skid Testing with the Dynamic Friction Tester (DFT) A) New Construction — The DFT test shall be conducted on all crosswalks within 60 days of the new surface completion date. DFT tests shall be conducted at three (3) discrete locations in each lane; the results shall be averaged and reported for each lane tested. All lanes shall be evaluated and compared. The test layout is shown in Figure 1. B) Inventory — For in-service APL test sections, the DFT test is conducted at 6 month intervals up to 3 years. Maintenance surveys are conducted on a yearly basis. Test site shall be confined to a single outside traffic lane (single direction) for each crosswalk location. DFT tests will be conducted at three (3) discrete locations (Figure 1) in each FM 5-592 4 Page 134 of 1675 FLORIDA DEPARTMENT OF TRANSPORTATION �70=mr4l; State Materials Carve 5007 NE 391t'Avenue Gainesville, Florida 32509 September 26, 2014 lane; the results shall be averaged and reported for each lane tested. The lane in which the friction tests were conducted should be identified in the report with the test results. C) Retest — At any point when friction numbers are determined to be below the required values shown in Table 1, all lanes shall be evaluated and the range of friction values shall be determined. D) Special Request — At any time a patterned pavement is in need of a special assessment, the designated lane(s) shall be evaluated to determine the range of representative friction values. 5 REPORT 5.1 Friction numbers for the patterned crosswalks should be reported using FDOT's Materials form number 675-060-05. This form can be downloaded from FDOT's website at: htt //www2.dot.state.fl.us/ roceduraldocuments/forms/informs/67506005.x1sm FM 5-592 5 Page 135 of 1675 Enhanced Intersection Aerial Depictions Woolbright Road: , k ' Note that the crosswalks will be enhanced, but are not shown. I Pa g e Page 136 of 1675 Enhanced Intersection Aerial Depictions Ocean Avenue: 1 �x 4 r ii rt s. a U r _ � 4} q� t tt Note that the crosswalks will be enhanced, but are not shown. 2Pae Page 137 of 1675 Enhanced Intersection Aerial Depictions Boynton Beach Boulevard: j� }fit r�E W — •+ .,r } �4 - 7; l� �`� 7- 1. 4 t Note that the crosswalks will be enhanced, but are not shown. MLK Jr. Boulevard: , i c ,v 1 k VI �t n�. Note that the crosswalks will be enhanced, but are not shown. 3Pae Page 138 of 1675 6.E. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-102-Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) application for funding authorizing the City Manager's execution and the activities submitted in the City of Boynton Beach's One Year Action Plan for FY2018-2019. The anticipated Community Development Block Grant allocation is$544,399, and the re- appropriation of non-expended funds from previous year allocation is$200,000. EXPLANATION OF REQUEST: The City of Boynton Beach is in its twenty first year as an entitlement community for receiving Federal Grant funds. The Consolidated/One Year Action Plan is being developed with activities listed that show how the use of these funds will address the needs of the community. Entitlement community status, as determined by the Secretary of the Department of Housing and Urban Development, is one "whereby a Metropolitan City is guaranteed, as determined by formula set forth by the Housing and Community Development Act of 1974, certain sums of money to assist states, counties, cities, and towns in devising innovative approaches to improve the physical, economic, and social conditions in low-income areas" City activities that are taken on by a municipality must meet three (3) national objectives: 1. Benefit low and moderate-income persons 2. Address slum and blight 3. Meet a particular urgent community development need The following is a list of types of eligible activities: • Property acquisition and disposition • Clearance and demolition • Interim assistance to arrest severe deterioration or alleviate emergency conditions — e.g., hurricane, earthquakes, flooding • Completion of urban renewal projects • Relocation assistance • Loss of rental income (related to relocations) • Code Enforcement • Construction of New Housing • Housing Rehabilitation • Public Facilities and Improvements • Removal of Architectural Barriers • Homeownership assistance (e.g., down payment assistance, interest subsidies) • Technical assistance to public or non-profit entities to increase the capacity of such entities to carry out eligible neighborhood revitalization or economic development activities • Lead-based paint testing and abatement Public Facilities and Improvements Page 139 of 1675 • Acquisition, installation, construction and rehabilitation of infrastructure (e.g., water/sewer lines, streets and sidewalks) • Acquisition, construction or rehab of neighborhood facilities and facilities for persons with special needs (e.g., homeless shelters, group homes and halfway houses) Public Services The total amount of CDBG funds obligated for public services activities must not exceed fifteen percent (15%) of the annual allocation, and may not be used to replace local or state monies to fund essential services typically offered by the local government. It includes the following: • Education Programs • Health care and substance abuse services • Child care • Crime prevention and Public Safety • Fair housing counseling(Can also be categorized under Planning and Administration) • Substance abuse services • Services for senior citizens • Services for homeless persons • Recreational services Planning and Administration of the Program The total amount of CDBG funds that may be obligated for planning and administration of the program must not exceed twenty percent(20%) of the annual allocation. It includes the following: • General management, oversight and coordination • Public information • Fair Housing activities • Indirect costs • Submission of applications for Federal programs Proposals were received as a result of public advertisement and letters sent out to various churches in the community, with a workshop held for the purpose of explaining the program, eligibility requirements, and public input. Using both City staff and representatives of the community, the following represents the committee members who reviewed the applications: Kathleen Perry Retired PBC Administrator Hanna Matras City of Boynton Beach Senior Planner Saleica Brown City of Boynton Beach Business Development Specialist HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Community Development Block Grant Program's purpose is to assist the City of Boynton Beach in meeting the needs of its lower income residents by offering a wide range of activities. The agencies that are being funded will offer domestic violence training, housing development, legal aid, and various other forms of assistance that are considered public service. Aid to Victims of Domestic Abuse, Inc.(Public Service)—To provide funding for one-half of the salary and Page 140 of 1675 benefits of an I ntervention Specialist to work with children affected by domestic abuse to help them overcome their fears and learn how to live in safety. The Intervention Specialist will conduct presentations in schools designed to prevent domestic violence with a program that produces positive, measureable results, and will provide individual and group counseling to children as needed. *Funding Request$25,000 Committee Recommendation $10,000 Boynton Beach Faith-Based Community Development Corporation—The Boynton Beach Faith- Based CDC is a state recognized Community Housing Development Organization (CHODO). The agency proposes to continue to provide ongoing support to the community and the City of Boynton Beach by facilitating the intake process for the affordable housing programs, as well as other ongoing community development initiatives. They are also a Community Based Development Organization (CBDO) which offers the City more flexibility in achieving its Community Development Objectives. Funding Request$125,300 Committee Recommendation $80,000 Community Caring Center of Boynton Beach (Public Service) —The agency requests funding to provide for staffing costs and other administrative cost related to the program, i.e. utilities, mortgage assistance, insurance and accounting services. Agency provides mortgage, rent, and utility payment assistance, food and food vouchers, medication purchase assistance, and direct emergency social services to seniors, to name just a few of their numerous programs. Funding Request $65,000 Committee Recommendation $45,000 Pathways to Prosperity(Public Service) -Agency provides education in financial budgeting, job skills and self-motivation. It is committed to ending poverty in the community by teaching low- income families to become economically stable. Funds will be used to support counseling. Funding Request$25,000 Committee Recommendation $21,659 Legal Aid Society of PBC tPublic Servicel Fair housing education and outreach to citizens of Boynton Beach, to include fair housing enforcement activities citywide to ensure that local housing practices comply with Federal Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, as well as local fair housing ordinances. Funding Request$4,550 Committee Recommendation $5,000 Summary: Sub-grantee funding........................................................................$161,659 PlanningGrant Administration....................................................... .$108,879 Housing Rehabilitation Delivery..................................................... $273,861 Economic Development.................................................... .............$100,000 Heart of Boynton Redevelopment............... ............................$100,000 TOTAL........................................................................................... $744,399 ($200,000 Appropriated Unencumbered previous year) FISCAL IMPACT: Non-budgeted The City of Boynton Beach's CDBG allocation for FY 2018/2019 is $544,399 to leverage with other funds in its attempt to address slum and blight. 20% or $108,979 can be expended to Administer the program. ALTERNATIVES: None recommended. STRATEGIC PLAN: Page 141 of 1675 STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? Yes Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution adopting the CD B G One Year Action Plan D Grant Application Application for Federal Assistance (SF-424) D Attachment Funding By Activity Categories D Attachment Project Summaries (AAP-38) D Attachment CDBG Certifications FY 2018/2019 Page 142 of 1675 I RESOLUTION R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING THE CITY OF BOYNTON BEACH'S 5 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION 6 FOR FUNDING; AUTHORIZING THE CITY MANAGER TO SIGN 7 THE APPLICATION, CERTIFICATIONS AND THE ACTIVITIES 8 SUBMITTED IN THE CITY OF BOYNTON BEACH'S ONE YEAR 9 ACTION PLAN FOR FY 2018/2019; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the City of Boynton Beach is in its twenty-first year as an entitlement 14 community for receiving Federal Grant Funds; and 15 WHEREAS, the Consolidated/One Year Action Plan is being developed with 16 activities that show how the use of these funds will address the needs of the Community; and 17 WHEREAS, approval of the One Year Action Plan will fund services to the 18 community that are eligible under the CDBG program and provided to our community by 19 various organizations. 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 as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby approve the adoption of the City of Boynton Beach's Community Development Block 27 Grant(CDBG) One Year Action Plan for fiscal year 2018/19. 28 Section 3. The City Manager is authorized to sign the application and the 29 certifications. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\8624B5A3-9BB4-44CB-A921-39F87A26A725\Boynton Beach.11643.LCDBG One Year Action Plan 2018-19 - Reso.doc Page 143 of 1675 30 Section 4. This Resolution will become effective immediately upon passage. 31 PASSED AND ADOPTED this day of , 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 48 VOTE 49 5o ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 59 (Corporate Seal) 60 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\8624B5A3-9BB4-44CB-A921-39F87A26A725\Boynton Beach.11643.LCDBG One Year Action Plan 2018-19 - Reso.doc Page 144 of 1675 OP SF 424 The SF 424 is part of the CPMP Annual Action Plan. SF 424 form 1141V nEv '-` fields are included in this document. Grantee information is linked from the 1 CPMP.xls document of the CPMP tool. Complete the Tillable fields(blue cells)in the table below. The other items are pre-filled with values from the Grantee Information Worksheet. Date SubmittedAu ust 15,2018 Applicant Identifier Type of Submission Date Received by state State Identifier kpplication Pre-application Date Received by HUD Federal Identifier Construction El Construction B-18--MC-12-0043 Non Construction Non Construction Applicant Information CITY OF BOYNTON BEACH 11nepartment OG CodeFL120264 Street Address Line 1100 E. Boynton Beach Blvd. r anizational DUNS 07-224-7133 FTB Street Address Line 2 r anizational Unit Municipal Boynton Beach Florida Development ZIP 33435 lCountry U.S.A. Division Community Improvement Employer Identification Number(EIN): County Palm Beach 59-6000282 Pro ram Year Start Date MM/DD 10/01/2018 pplicant Type: pecify Other Type if necessary: ocal Government: City Specify Other Type U.S. Department o ro ram Funding Housing and Urban Develo men Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s);Areas Affected by Project(s)(cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant DBG Project TitlesDemolition`and replacement,housing Description:of Areas Affected by CDBG ehabilitaton, public services to low-moderate income Project(s)Citywide,and other mayor targeted low ouseholds and persons throughout Boynton Beach income areas CDBG Grant Amount$544,399` T' Additional HUD Grant(s)LeveragedDescribe f Additional Federal Funds Leveraged Additional State Funds Leveraged$99,691 Locally Leveraged Funds Grantee Funds Leveraged Anticipated Program Income-0- Other(Describe) otal Funds Leveraged for CDBG-based Project(s) ome Investment Partnerships Program 14.239 HOME N/A HOME Project Titles Description of Areas Affected by HOME Project(s) HOME Grant Amount Additional HUD Grant(s)Leveraged I Describe Additional Federal Funds Leveraged Additional State Funds Leveraged Locally Leveraged Funds Grantee Funds Leveraged SF 424 Page 1 Version 2.0 Page 145 of 1675 Anticipated Program Income-0- lo ther(Describe) otal Funds Leveraged for HOME-based Project(s) Housing Opportunities for People with AIDS-O- 14.241 HOPWA N/A HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) HOPWA Grant Amount Additional HUD Grant(s)Leveraged Describe ^ Additional Federal Funds Leveraged AdditionalState Funds Leveraged Locally Leveraged Funds Grantee Funds Leveraged Anticipated Program Income Other(Describe) Total'Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG N/A ESG Project Titles Description of Areas Affected by ESG Project(s) $ESG Grant Amount $Additional HUD Grants)Leveraged Describe Additional Federal Funds Leveraged $Additional State Funds Leveraged i _ __ _ �� Locally Leverage'd Funds -- �Grantee Funds Leveraged Anticipated Program Income Other(Describe) m otal Funds Leveraged for ESG-based Project(s) Congressional Districts of: _ Is application subject to review by state Executive Order Applicant Districts23 Project Districts 23 12372 Process? Is the applicant delinquent on any federal debt? If El Yes This application was made available to the "Yes"please include an additional document state EO 12372 process for review on DATE explaining the situation. El No Program is not covered by EO 12372 ® —Yes i ® No ❑ N/A ' Program has not been selected by the state for review Person to be contacted regarding this application First Name Lori Middle Initial Last Name LaVerriere Title City Manager Phone 561/742-6010 Fax 561/742-6011 Mail LaVerrierel@bbfl.us Grantee Website www.boynton-beach.org Other Contact Signature of Authorized Representative Date Signed SF 424 Page 2 Version 2.0 Page 146 of 1675 m 1-1 O OOOrnp% O O O �.p O o o o Ln Ln O O O 00 00 O O O O 9,O 0 O O O Q 00 M O O� LrLr N " O O O LL ra a = cl 00 o M O ru Ln o N M \ L N M M L qt rl LL 0 It M O MLO O M M ry) r0 L I` N U M ro M70 O ra 70 L. LL 4- 70 L ru o LL �N N L 0 O m _o LL rl- OLL 2 lO U VLU 0 N ra a rb 0 rb o O > 0 0 C 0 Q (L0 C E •> a > p o Q. m co G , m 4� E v U U) -0 _0 O = ra o6 D O rb � (1) .6.� 4' +J _0 E o Q N O U i O 4-J a u � ra 3 C U) a) co _0 0 Z LL Z L Ln M O z O _ O � a i 0) -0 �_ •_ -i M U U N 3 E O c D o +' U U i D U -0 O m a L Q t� L O L _ U Lru O O Q >, c ra = N m _ _ Z) 0 V a L Z) m C !� i O_ O_ 0 0 0) o a) 0 E O O_ m N +' +' > .0 > Ln a > fl• > L a--' o _ 0 U •C *+ *+ Q U) U 'u a C a LL O O a 0 a '�a � a-0i Ou - � = ate) u0 � a�i v a s sE .� > � Q � � E � E dS E Lo E - 3 E o QE oG oG � f 00 00 • v G1 O O L. r3 0 c w L- C C L- C C C D Q U a O D 0 3 •E 0 •3 •3 a) N M (C a) >' E O a) a z = � a = �cou Lu .-I N M Ln lD N ® Project Summary Project Summary Information I Project Name Program Planning and Administration Target Area CG Target Area Goals Supported Program Administration Needs Addressed Planning and Administration Funding CDBG:$108,879 Description Project provides funding for eligible costs associated with the administration of the CDBG program and the Community Improvement Division. These costs include staff and related costs needed for program management, coordination, monitoring, reporting, evaluation and oversight of the program. Subject to statutory limitation of 20%of the annual funds and any program income realized. Target Date 91/30/19 Estimate the number and type of Over the next year, the City anticipates assisting low and families that will benefit from the low- mod income households with its owner occupied Proposed activities housing rehabilitation program, first time homebuyer program,and various social services through its local non- profit agencies. As any as 1000 persons who may be affected by this program funding. Location Description Area of preference is.CPBG target area however, residents in need meeting the income criteria may be assisted. Planned Activities 11 Program Management Annual Action Plan COMB Control No:2506-0117(exp.06/30/2018) Page 148 of 1675 2 Project Name Housing Rehabilitation Target Area Preference CDBG Target Area/Citywide as Needed Goals Supported Owner Occupied Housing Rehabilitation Needs Addressed Substandard Housing Funding CDBG:$173,861 Description Staff costs and related expenses required for outreach efforts to market program, rehabilitation counseling, applicant screening, inspections, work write-ups and monitoring of work in progress, and other as needed efforts to reach goal of addressing sub standard housing Target Date 9/30/19 Estimate the number and type of Estimates to assist 10 single family owner occupied families that will benefit from the dwellings proposed activities Location Description Area of preference is CDBG target area, and citywide dwellings of income eligible residents meeting j j substandard qualification 0 k p ro ss Planned Activities Ong ing application intake process to evaluate and income co m c rti pp ic ts income certify appli ants. 7 n e e fya Iiian Annual Action Plan OMB Control No:2506-0117(exp.06/30/2018) Page 149 of 1675 3 Project Name Housing Rehabilitation Delivery Target Area Preference CDTargetArea/Citywide as Needed Goals Supported Owner Occupied Housing Rehabilitation- Needs Addressed Substandard Housing Funding CDBG-$1008000 SHIP: Description Addresses building safety and code electrical and plumbing violations,energy efficiency doors and windows, retrofitting accessibility interior and exterior repairs. Target Date 9/30/19 Estimate the number and type of Estimates to assist 10 single family owner occupied families that will benefit from the dwellings proposed activities Location Description Area of preference is CDBG target area, however, residents in need meeting the income criteria may be assisted. Planned Activities Ongoing application intake process to evaluate and income certify applicants. 4 Project Name Public Service --Tar getArea Preference C1G Target Area/Citywide as Needed Goals Supported Owner Occupied Housing Rehabilitation Needs Addressed Substandard Housing Funding CDBG:$81,659 Description Efforts to improve and expand public services that address senior citizens, children,youth services, fair housing counseling,and family services Target Date 9/30/19 Estimate the number and type of Estimates 200 families families that will benefit from the proposed activities Location Description Area of preference is C target area, however, residents in need meeting the income criteria may be assisted. Planned Activities Funding to non-profit social service agencies meeting the needs of families located within target area and citywide as needed. Annual Action Plan OMB Control No:2506-0117(exp.06/30/2018) Page 150 of 1675 5 Project Name Heart of Boynton Redevelopment Target Area Preference—CDBG Target Area Goals Supported Owner Occupied Housing Development Needs Addressed Housing Funding CDBG. $100,000 Description Provide Funding in support of new construction of housing in CDBG Target Area Target Date 9/30/19 Estimate the number and type of Estimates 10 families families that will benefit from the proposed activities oicatkin Description CDBG target area Activities Activities in support of the redevelopment of the distressed CDBG target area 6 Project Name Econornic Development Target Area Preference CDBG Target Area Goals Supported Owner Occupied Housing Development Needs Addressed Housing Funding CDBG:$100,000 Description Funding for the purpose of creation and sustaining jobs Target Date 9/30/19 Estimate the number and type of families that will benefit from the proposed activities Location Description CDBG target area Planned Activities The creation and sustaining of jobs mainly for residents of — the CDBG Target Area, Annual Action Plan OMB Control No:2506-0117(exp.06/30/2018) Page 151 of 1675 7 Project Name Boynton each Faith Based CDC Target Area Preference CDBG Target Area Goals Supported Owner Occupied Housing Development Needs Addressed Housing Funding CDPD;$80,00 Description Funding for the purpose Homeownership Target Date 9/30J19 Estimate the number and type of 10 families that will benefit from the proposed activities Location Description CDBG target area Banned Activities First time homeownership marketing, education, appl6cation intake, and eveloprnent Annual Action Plan OMB Control No:2506-0117(exp.06/30/2018) Page 152 of 1675 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing — The jurisdiction will affirmatively further fair housing, is means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan — It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti-displacement and relocation assistance plan required under section . 104(d) oft Housing and Community Development Act of 1974, as amended,' in connection with any activity assisted with funding under the CDBG or HOME programs. Drug-Free Workplace — It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform 'employees about: a) The danger of drug use in the workplace; b) The grantee's policy of maintaining a drug-free workplace; c) Any available drug counseling, rehabilitation and employee assistance plans; and d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged int performance of the grant be given a copy oft e statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will: a) Abide by the terms of the statement; and b) Notify the employer in writing or his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction; Page 153 of 1675 5. Notifying the agency in writing, with ten (10) calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar day of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, to or local heaI , law enforcement or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying — Tot best oft jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by oro behalf of it, 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 any Federal contract, making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; 2. If any funds other that Federal appropriated funds have been paid 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, grant, to or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; and will require that the language of paragraph 1 and 2 oft is anti-lobbying certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly, Page 154 of 1675 Authority of Jurisdiction — The Consolidated Plan is authorized under State and local I aw (as applicable) and the jurisdictions possesses the legal authority to carry out the programs for is it is seeking funding, in accordance with applicable HUD regulations, Consistency with Plan — The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 — It will comply with section 3 oft Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. SIGNATUREIAUTHORIZED OFFICIAL DATE TITLE Page 155 of 1675 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation — it is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan — Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing and expand economic opportunities primarily for persons of low and moderate- income (see CFR 24 570.2 and CFR 24 part 570). Following a Plan — It is following a current Consolidated Plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds — It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities that expect to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities that benefit to and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat tot health or welfare of the community, and other financial resources are not available. 2. Overall Benefit. The aggregate use of CDBG funds including Section 108 guaranteed loans during program year(s) 1997, 1998 and 1999 (a period specified by the grantee consisting of one, two or three specific consecutive program years), shall principally benefit persons of low and moderate-income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. apggiI s ss nt - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of to and moderate-income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates tot capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Page 156 of 1675 The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless the CDBG funds are used to pay the proportion of fee or assessment attributable tot capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the pubic improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to covert assessment. Excessive Force — It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrationsf- and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location is is the subject of such non-violent civil rights demonstrations within its jurisdiction. Compliance With Anti-discrimination Laws — The grant will be conducted and administered in conformity with Title VI ort Civil Rights Act of 1964 (42 USC 2000d), the it Housing Act (42 USC 3601-3619) and implementing regulations. ® Paint ® Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR 570.608. Compliance With Laws — It will comply with applicable laws. SIGNATUREMLITHORIZED OFFICIAL DATE TITLE Page 157 of 1675 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS. A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering this transaction imposed by section 1352, title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. Z The certification is a material representation of fact upon is reliance is placed when the agency awards the grant. If it is later determined that the grantee knowing rendered false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. For grantees other than individuals, Alternate I applies. (This is the information to is jurisdictions certify.) 4. For grantees who are individuals, Alternate 11 applies. (Not applicable jurisdictions.) 5. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon reward, if there is no application, the grantee must keep the identity oft workplace(s) on file in its is and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation oft grantee's drug-free workplace requirements. 6Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). T If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph 5). Page 158 of 1675 8. The grantee may insert in the space provided below the it for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) City Division of 1 !o niy v lment B o nton�Bea�chBo�uleva�rd � Rpyniton ch9 L 3 � Check o if there are workplaces on it that are not identified here (the certification with regard to the drug-free workplace required by 24 CFR part 24, subpart F). 9. Definitions of terms in the Non-procurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantee's attention is called, in particular, tot following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 USC 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15), "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations oft Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use or possession of any controlled substance; "Employee" means the employee' of a grantee directly engaged in the performance of work under a grant, including (i) all "direct charge" employees; (ii) aIl "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant, and (iii) temporary personnel and consultants who are directly engaged int performance of work under the grant and who are on the grantee's.payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of sub-recipients or subcontractors in covered workplaces). Page 159 of 1675 MONITORING STANDARDS AND PROCEDURES Boynton Beach will monitor activities under its federal grant program and initiate monitoring plans for new programs as they are developed to meet the specific requirements of those programs. Key elements of the monitoring plan are: 1. Negotiate a project or activity specific sub-recipient agreement that identifies and quantifies the activities to be implemented and includes a budget showing the specific expenditures authorized. 2. Require monthly status reports and establish an on-site monitoring schedule based on the nature and complexity oft activity and the amount of the funds involved. 3. Provide technical assistance and training when the sub-recipient requests or requires it. 4. Review request for payment or reimbursement to assure that proper documentation is provided and that expenditures are for eligible activities under applicable rules and regulations, and authorized under the sub-recipient agreement. 5. Assure sub-recipients t federal single audit requirements and review audits to assure that concerns and findings are addressed. 6. Assure compliance with other program requirements, such as labor standards and fair housing laws, through in-depth monitoring and program review. Page 160 of 1675 6.F. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-103-Authorize the City Manager to sign multiple agreements as a result of RFQ No.: 046-2821-17/TP for General Consulting Services for five (5) Scope Categories to be executed based on individual task orders in compliance with the purchasing policies and procedures. EXPLANATION OF REQUEST: Term of agreement: two (2) years from execution of agreements with three (3) additional one (1) year renewal periods. Explanation of Request: On March 6, 2018, the City Commission approved the list of top ranked proposers identified by the Evaluation Committees from the responses received from RFQ No.: 046-2821-17/TP for General Consulting Services, who authorized staff to conduct negotiations with the firms as follows: SCOPE CATEGORYA Water Plant Modifications, Capacity and Operation Evaluation Carollo Engineers,Inc. CH2MHill Engineers, Inc. Globaltech, Inc. SCOPE CATEGORY B Infrastructure Improvements and Evaluations Carollo Engineers,Inc. Arcadis U.S., Inc. AECOM Technical Services, Inc. CDM Smith, Inc. SCOPE CATEGORY C Ancillary Studies and Services Carollo Engineers,Inc. CDM Smith, Inc. Globaltech, I nc.. SCOPE CATEGORY D Transportation Services Kimley-Horn and Associates, Inc. Calvin, Giordano &Assoc., Inc. Mathews Consulting SCOPE CATEGORY E Architectural and Landscape Design Services Gentile Glas Holloway O'Mahoney &Assoc., Inc. Alexis Knight Architects, Inc. Page 161 of 1675 West Architecture + Design, LLC The RFQ was advertised and submittals were opened on September 26, 2017. The City received sixty-five (65) proposals whereby the top ranked proposers per scope (2 or 3, depending upon scope) were submitted to City Commission on March 6, 2018 for approval and authorization to move forward with negotiations to establish contract agreements for ongoing services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. Emphasis was placed on the Schedule of Professional Fees to solidify hourly rates for the initial contract period. Based on comparisons of the submittals by each of the firms, negotiation sessions with all the firms were deemed unnecessary. Only firms that showed significantly higher rates were contacted for discussions. Comparisons were done on the basis of averages among all three (3) or four (4) firms for Scope Categories D and E only. On July 2 and July 19, 2018, the Purchasing Manager and the City Engineer conducted negotiations with the firms. As a result, the Schedule of Professional Fees as attached will be fixed and firm for at least the initial two(2) year period. Individual task orders will be generated at the time specific projects are realized utilizing the Schedule of Professional Fees as the basis for the overall cost of the each task. Task orders will be submitted to the Commission for approval in accordance with the City's Purchasing Policies and Procedures. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This agreement will provide for the issuance of task orders in connection with projects for on-going capital improvements to enhance City-wide operations. Individual task orders in excess of $25,000 will be brought back to Commission for approval in accordance with the Purchasing Policies and Procedures. FISCAL IMPACT: Budgeted The costs of the individual task orders will be paid from approved CI P budgets or other budget sources within the City's adopted budget. ALTERNATIVES: Not approve the contract and re-issue the RFQ. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 162 of 1675 ATTACHMENTS: Type Description D Resolution Resolution approving General Consulting Services Agreements D Agreement ACR M NT® 2CHC D Agreement ACR M NT-A COM D Agreement AGREEMENT-ALXIS KNIGHT D Agreement AGREEMENT-ARCAD I D Agreement AGREEMENT- CALVIN, GIORDANO ASSOC. Agreement AGREEMENT® CAROLLO Agreement AGREEMENT- CDM SMITH Agreement AGREEMENT- CI-12M HILL Agreement AGREEMENT- CLO ALT CH Agreement ATTACHMENT- KI ML Y®HORN Agreement ATTACHMENT- MATHEWS CONSULTING Agreement AGREEMENT- WESTARCHITECTURE Page 163 of 1675 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 SIGN INDIVIDUAL AGREEMENTS AS A RESULT OF 6 RFQ NO. 046-2821-17/TP FOR GENERAL 7 CONSULTING SERVICES FOR FIVE (5) SCOPE 8 CATEGORIES TO BE EXECUTED BASED ON 9 INDIVIDUAL TASK ORDERS IN COMPLIANCE WITH 10 THE PURCHASING POLICIES AND PROCEDURES; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, on March 6, 2018, the City Commission approved the list of top ranked 15 proposers identified by the Evaluation Committees from responses received from RFQ No. 16 046-2821-17/TP for General Consulting Services; and 17 WHEREAS, the City Commission of the City of Boynton Beach, upon 18 recommendation of staff, hereby deems it to be in the best interests of the citizens and residents 19 of the City of Boynton Beach, to approve and authorize the City Manager to sign individual 20 as a result of RFQ No. 046-2821-17/TP for General Consulting Services for five (5) scope 21 categories to be executed based on individual task orders in compliance with the purchasing 22 policies and procedures. 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 being 26 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby approve the following firms as being qualified to provide General Consulting Services 29 and does authorize the City Manager to sign the individual contracts: 30 31 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\8A802BD1-5AC1-45AC-13334-67787913F8E29\13oynton Beach.11671.1.Genera l_Consulting_Services_(2018)_=Reso.docx Page 164 of 1675 SCOPE CATEGORY A Water Plant Modifications, Capacity and Operation Evaluation Carollo Engineers,lnc. CH2MHi11 Engineers, Inc. Globaltech, Inc. SCOPE CATEGORY B Infrastructure Improvements and Evaluations Carollo En ineers,lnc. Arcadis U.S., Inc. AECOM Technical Services, Inc. CDM Smith, Inc. SCOPE CATEGORY C Ancillary Studies and Services Carollo En ineers,lnc. CDM Smith, Inc. Globaltech, Inc.. SCOPE CATEGORY D Transportation Services Kimle -Horn and Associates, Inc. Calvin, Giordano &Assoc., Inc. Mathews Consulting SCOPE CATEGORY E Architectural and Landscape Design Services Gentile Glas Holloway O'Mahoney &Assoc., Inc. Alexis Knight Architects, Inc. West Architecture + Design, LLC 32 33 34 Section 3. This Resolution shall become effective immediately upon passage. 35 36 {Remainder of page intentionally left blank} 37 38 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\8A802BD1-5AC1-45AC-B334-677879BF8E29\Boynton Beach.11671.1.Genera l_Consulting_Services_(2018)_=Reso.docx Page 165 of 1675 39 PASSED AND ADOPTED this day of , 2018. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor— Steven B. Grant 44 45 Vice Mayor— Christina L. Romelus 46 47 Commissioner—Mack McCray 48 49 Commissioner—Justin Katz 50 51 Commissioner—Joe Casello 52 53 VOTE 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 63 (Corporate Seal) 64 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\8A802BD1-5AC1-45AC-13334-67787913F8E29\13oynton Beach.11671.1.Genera l_Consulting_Services_(2018)_=Reso.docx Page 166 of 1675 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and GENTILE GLAS HOLLOWAY O'MAHONEY & ASSOCIATES, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services ® Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of ' The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 167 of 1675 its Sub-consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 168 of 1675 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 169 of 1675 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 170 of 1675 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 171 of 1675 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 172 of 1675 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 173 of 1675 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 174 of 1675 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 175 of 1675 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 176 of 1675 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 177 of 1675 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 178 of 1675 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 179 of 1675 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 180 of 1675 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 181 of 1675 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 182 of 1675 professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 183 of 1675 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 184 of 1675 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 185 of 1675 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 186 of 1675 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18— TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contractor causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20— UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 187 of 1675 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22— ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23— THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�� Page 188 of 1675 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: Gentile Glas Holloway O'Mahoney &Associates, Inc. Attn: George G.Gentile 1907 Commerce Lane Suite 101 Jupiter, FL 33458 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 189 of 1675 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 190 of 1675 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH City Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 191 of 1675 EXHIBIT "AR' SCOPE E - FEE SCHEDULE PRIME: Gen tile Glas Holloway O'Mah oney & Associates, Inc. SUBCONSULT ANT: Stephen Boruff, AIA Architects � Planners, Inc. REVISED DATE: J qui y 2, 2018 Personnel Classifications Hourly Rate Principall $166.00, Project Manager $131.50, Senior Engineer N/A Senior Planner $129.40, Senior Architect $165.00 Senior Landscape Arch1tect $122.30, Senior Surveyor/Map per N/A Structural Engineer N/A Architect $125.00 Urban Designer $129.40 Planner $76.27 Landscape Architect $102.96 inspector (Zoning & Landscape� $78.90, GIS Specialli'st $94-.68 Architectural CADD/Techni'cian $74.00, Planni'ng Techn,ici'an! $54.26 Cie ri'cal/Admi n1stratIve $37.13 1 Reirnibursable Expenses: Direct costs such as postage, prints, dellIvery service wilill be billed at cost. Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL Page 192 of 1675 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 193 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: TNamc of Firm: Office Location: 1. Service: (Check One) L Planning/Study Activity,Report, Other L Design/Engineering Services/Preliminary Bid Document LI Final Document/Bidding/Contractor Award LI Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) L Unsatisfactory H Poor H Fair H Good L Excellent 7. Recommended for Future Contracts? I L I Yes I L No L Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title, and office of rating officer(e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 194 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 195 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 196 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 197 of 1675 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and AECOM TECHNICAL SERVICES, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation ® Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants' work. ' The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 198 of 1675 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 199 of 1675 with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 200 of 1675 of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 201 of 1675 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 202 of 1675 control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 203 of 1675 Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 204 of 1675 Field observation and verification of quantities of equipment and materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 205 of 1675 programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 206 of 1675 proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 207 of 1675 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 208 of 1675 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 209 of 1675 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 210 of 1675 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 211 of 1675 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 212 of 1675 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 213 of 1675 has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 214 of 1675 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 215 of 1675 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 216 of 1675 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 217 of 1675 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18— TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contractor causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20— UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 218 of 1675 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22— ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23— THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�� Page 219 of 1675 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: AECOM TECHNICAL SERVICES, INC. Attn: Jim Penkosky 800 S. Douglas Road 2nd Floor, North Tower Coral Gables, FL 33134 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 220 of 1675 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 221 of 1675 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH City Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 222 of 1675 EXHIBIT "A" FEE SCHEDULE FIRM: AECOM Technical Services, Inc. DATE: March 16, 2018 Perso nne I Claiss ificat ions Houirly R� e Principal $235.00 Pr a=ject Manager $210.00 Senior Engineerr $177.00 Process Engineer $165.00 Sr Electrical Err. $175.00 E7rec. Fg n. 7130.00 Process Control/lInst. Ergn. $175.00 Sr. Mechanical Engineer X55.00 Mechanical Engineer $125.00 Engineer $120.00 Designer 5—0 0 ,GIS Specialist $140.00 DD Technician $105.00 Public Relations Specialist n/a Construction Inspector $85.00 Sr. Rate analyst n/a Clerical/AdmAnistrative $75.00 Reimbursable Expenses:: Direct costs, such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL Page 223 of 1675 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 224 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: TNamc of Firm: Office Location: 1. Service: (Check One) L Planning/Study Activity,Report, Other L Design/Engineering Services/Preliminary Bid Document LI Final Document/Bidding/Contractor Award LI Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) L Unsatisfactory H Poor H Fair H Good L Excellent 7. Recommended for Future Contracts? I L I Yes I L No L Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title, and office of rating officer(e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 225 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 226 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 227 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 228 of 1675 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and ALEXIS KNIGHT ARCHITECTS, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services ® Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of ' The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 229 of 1675 its Sub-consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 230 of 1675 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 231 of 1675 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 232 of 1675 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 233 of 1675 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 234 of 1675 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 235 of 1675 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 236 of 1675 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 237 of 1675 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 238 of 1675 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 239 of 1675 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 240 of 1675 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 241 of 1675 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 242 of 1675 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 243 of 1675 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 244 of 1675 professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 245 of 1675 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 246 of 1675 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 247 of 1675 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 248 of 1675 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18— TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contractor causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20— UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 249 of 1675 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22— ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23— THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�� Page 250 of 1675 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: Alexis Knight Architects, Inc. Attn: Steven W. Knight 100 N E 6 Street Suite 102 Boynton Beach, FL 33435 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 251 of 1675 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 252 of 1675 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH City Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 253 of 1675 EXHIBIT "A" SCOPE E- FEE SCHIEDULE FIRM- ALEXIS KNIGHT ARCHITECTS I QATJ ,'E- 2 2018 REVISED ........................... .................................................................................... I Personnel Classifications Hourly Rate Pdndpal - is.Knight Architects $135.00 1 ,Project Manager-Alexis Knight Architects $915.00 ISenior Engineer $13D-00 Senior Planner $13D-00 8 en ior Architect­Alexis right Architects $85.00 Senior Landscape Architect $110.00 Senior Surveyor/Mapper $120-00 Structural Engiiineer 12 _ 8 Architect-Ate its Knight Architects $75-00 Urban Designer $95-00 Manner $80-00 Landscape Airch ited $95-00 Inspector(Zoning& Landscape) $75-00 GIS Speciallist $120.00 Architectural CADITechn idan -Alexis, might ht Arch itects, $75-00 Plianning Technician $75-00 ClerjcaMdmiinistratiive, $66-00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will1l be billed at cost. Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL Page 254 of 1675 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 255 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: TNamc of Firm: Office Location: 1. Service: (Check One) L Planning/Study Activity,Report, Other L Design/Engineering Services/Preliminary Bid Document LI Final Document/Bidding/Contractor Award LI Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) L Unsatisfactory H Poor H Fair H Good L Excellent 7. Recommended for Future Contracts? I L I Yes I L No L Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title, and office of rating officer(e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 256 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 257 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 258 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 259 of 1675 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and ARCADIS U.S., INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation ® Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of ' The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 260 of 1675 its Sub-consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 261 of 1675 with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 262 of 1675 of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 263 of 1675 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 264 of 1675 methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 265 of 1675 Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 266 of 1675 materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 267 of 1675 other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 268 of 1675 proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 269 of 1675 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 270 of 1675 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 271 of 1675 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 272 of 1675 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 273 of 1675 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 274 of 1675 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 275 of 1675 by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 276 of 1675 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 277 of 1675 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 278 of 1675 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 279 of 1675 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18— TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contractor causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20— UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 280 of 1675 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22— ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23— THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�� Page 281 of 1675 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: Arcadis U.S., Inc. Attn: Robert Daoust Copy to: 1500 Gateway Blvd. Arcadis U.S, Inc. Suite 200 Attn: Legal Department Boynton Beach, FL 33435 630 Plaza Drive, Suite 100 Highlands Ranch, CO 80129 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 282 of 1675 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 283 of 1675 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH City Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 284 of 1675 EXHIBIT"A" FEE SCHEDULE FIRM: Arcadis U.S., Inc. DATE: March 19, 2018 Personnel Classifications Hourly Rate Company Officer' $295.00 Contract Manager $240.00 Project Manager $200.00 Principal Engineer',' $220.00 Senior Engineer',' $195.00 Project Engineer 62,3 $185.00 Project Engineer 52,3 $165.00 Project Engineer 42,3 $155.00 Project Engineer 32,3 $140.00 Project Engineer 22,3 $115.00 Project Engineer 12,3 $95.00 Engineering Technician 2,3 $85.00 CADD/Design Staff Senior Designer $145.00 Designer $110.00 CADD/Technician $80.00 Support Staff Clerical/Administrative 3 $110.00 Clerical/Administrative 2 $85.00 Clerical/Administrative 1 $75.00 Specialized Technical Staff Principal Technical Expert4 $280.00 Senior Technical Expert4 $260.00 Technical Expert4 $200.00 Public Involvement Project Managers $150.00 Public Involvement Specialists $112.50 Involved only when Corporate Authority is required z Includes all engineering disciplines(e.g.Civil,Structural,Mechanical,Electrical,etc.) 3 Includes other technical staff(e.g.Architects,Planners,Management Consultants, etc.) 4 Subject matter experts who provide support as may be requested/needed IThe Merchant Strategies,Inc. Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-26 Page 285 of 1675 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 286 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: TNamc of Firm: Office Location: 1. Service: (Check One) L Planning/Study Activity,Report, Other L Design/Engineering Services/Preliminary Bid Document LI Final Document/Bidding/Contractor Award LI Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) L Unsatisfactory H Poor H Fair H Good L Excellent 7. Recommended for Future Contracts? I L I Yes I L No L Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title, and office of rating officer(e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 287 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 288 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 289 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 290 of 1675 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and CALVIN, GIORDANO & ASSOCIATES, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services ® Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants' work. ' The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 291 of 1675 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 292 of 1675 maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 293 of 1675 electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 294 of 1675 received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 295 of 1675 precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 296 of 1675 observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 297 of 1675 Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 298 of 1675 vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 299 of 1675 Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 300 of 1675 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 301 of 1675 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion have been addressed and are not likely to be repeated in subsequent task Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 302 of 1675 orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 303 of 1675 every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 304 of 1675 Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 305 of 1675 same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 306 of 1675 the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 307 of 1675 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 308 of 1675 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 309 of 1675 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 310 of 1675 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18— TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contractor causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20— UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 311 of 1675 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22— ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23— THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�� Page 312 of 1675 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: Calvin, Giordano &Associates, Inc. Attn: Shelley Eichner 560 Village Blvd. Suite 340 West Palm Beach, FL 33409 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 313 of 1675 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 314 of 1675 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH City Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 315 of 1675 EXHIBIT"A" SCOPE D - FEE SCHEDULE FIRM: Calvin Giordano &Associates, Inc. DATE: 07/19/2018 - REVISED PER NEGOTIATION MEETING #1 Hourly Personnel Classifications Rate Principal $215.00 Project Manager $190.00 Senior Transportation Engineer $175.00 Senior Transportation Planner $150.00 Senior Surveyor/Mapper $165.00 Engineer $130.00 Urban Designer $120.00 Transportation Planner $125.00 Environmental Specialist $125.00 Engineering Technician $115.00 Inspector(transportation) $100.00 GIS Specialist $125.00 CADD/Technician $95.00 Transportation Planning Technician $100.00 Clerical/Administrative $75.00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-26 Page 316 of 1675 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 317 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: TNamc of Firm: Office Location: 1. Service: (Check One) L Planning/Study Activity,Report, Other L Design/Engineering Services/Preliminary Bid Document LI Final Document/Bidding/Contractor Award LI Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) L Unsatisfactory H Poor H Fair H Good L Excellent 7. Recommended for Future Contracts? I L I Yes I L No L Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title, and office of rating officer(e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 318 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 319 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 320 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 321 of 1675 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and CAROLLO ENGINEERS, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: ® Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants' work. ' The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 322 of 1675 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 323 of 1675 with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 324 of 1675 of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 325 of 1675 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 326 of 1675 control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 327 of 1675 Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 328 of 1675 Field observation and verification of quantities of equipment and materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 329 of 1675 programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 330 of 1675 proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 331 of 1675 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 332 of 1675 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 333 of 1675 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 334 of 1675 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 335 of 1675 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 336 of 1675 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 337 of 1675 by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 338 of 1675 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 339 of 1675 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 340 of 1675 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 341 of 1675 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18— TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contractor causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20— UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 342 of 1675 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22— ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23— THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�� Page 343 of 1675 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: CAROLLO ENGINEERING, INC. Attn: Elizabeth Fujikawa 9897 Lake Worth Road Suite 302 Lake Worth, FL 33467 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 344 of 1675 ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 345 of 1675 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH City Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 346 of 1675 EXHIBIT"A" FEE SCHEDULE FIRM: Carollo Engineers, Inc. DATE: March 14, 2018 Personnel Classifications Hourly Rate Principal $279.00 Project Manager $279.00 Senior Engineer $202.00 Process Engineer $202.00 Sr Electrical Egn. $257.00 Elec. Egn. $202.00 Process Control/Inst. Egn. $202.00 Sr. Mechanical Engineer $257.00 Mechanical Engineer $202.00 Engineer $162.00 Designer $140.00 GIS Specialist $185.00 CADD/Technician $140.00 Public Relations Specialist N/A Construction Inspector $141.00 Sr. Rate analyst $202.00 Clerical/Administrative $105.00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-26 Page 347 of 1675 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 348 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: TNamc of Firm: Office Location: 1. Service: (Check One) L Planning/Study Activity,Report, Other L Design/Engineering Services/Preliminary Bid Document LI Final Document/Bidding/Contractor Award LI Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) L Unsatisfactory H Poor H Fair H Good L Excellent 7. Recommended for Future Contracts? I L I Yes I L No L Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title, and office of rating officer(e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 349 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Desi n/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/spec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 350 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc.) 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 351 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 352 of 1675 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and CDM SMITH, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants' work. ' The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 353 of 1675 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 354 of 1675 with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 355 of 1675 of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 356 of 1675 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 357 of 1675 control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 358 of 1675 Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 359 of 1675 Field observation and verification of quantities of equipment and materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 360 of 1675 programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 361 of 1675 proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 362 of 1675 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 363 of 1675 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 364 of 1675 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 365 of 1675 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 366 of 1675 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 367 of 1675 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 368 of 1675 by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 369 of 1675 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 370 of 1675 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 371 of 1675 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 372 of 1675 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18— TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contractor causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20— UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 373 of 1675 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22— ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23— THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: Copy to: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�� Page 374 of 1675 City of Boynton Beach City of Boynton Beach Attn: Procurement Services Attn: Utilities Director P.O. Box 310 124 E. Woolbright Road Boynton Beach, FL 33425 Boynton Beach, FL 33435 And Notices to CONSULTANT, shall be sent to the following address: CDM Smith, Inc. Attn: Suzanne Mechler, P.E. 621 N E 531d Street Suite 265 Boca Raton, FL 33487 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 375 of 1675 ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 376 of 1675 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH City Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 377 of 1675 EXHIBIT"A" FEE SCHEDULE FIRM: CDM SMITH INC. DATE: March 19, 2018 Personnel Classifications Hourly Rate Principal $270.00 Project Manager $250.00 Senior Engineer $220.00 Process Engineer $220.00 Sr Electrical Egn. $230.00 Elec. Egn. $160.00 Process Control/Inst. Egn. $210.00 Sr. Mechanical Engineer $230.00 Mechanical Engineer $160.00 Engineer $160.00 Designer $140.00 GIS Specialist $180.00 CADD/Technician $140.00 Public Relations Specialist $150.00 Construction Inspector $165.00 Sr. Rate analyst $240.00 Clerical/Administrative $120.00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-26 Page 378 of 1675 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 379 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: TNamc of Firm: Office Location: 1. Service: (Check One) L Planning/Study Activity,Report, Other L Design/Engineering Services/Preliminary Bid Document LI Final Document/Bidding/Contractor Award LI Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) L Unsatisfactory H Poor H Fair H Good L Excellent 7. Recommended for Future Contracts? I L I Yes I L No L Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title, and office of rating officer(e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 380 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 381 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 382 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 383 of 1675 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and CH2M HILL ENGINEERS, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: ® Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of ' The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 384 of 1675 its Sub-consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 385 of 1675 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 386 of 1675 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 387 of 1675 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 388 of 1675 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 389 of 1675 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 390 of 1675 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 391 of 1675 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 392 of 1675 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 393 of 1675 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 394 of 1675 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 395 of 1675 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 396 of 1675 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 397 of 1675 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 398 of 1675 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 399 of 1675 engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 400 of 1675 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 401 of 1675 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 402 of 1675 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 403 of 1675 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18— TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contractor causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20— UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 404 of 1675 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22— ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23— THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�� Page 405 of 1675 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: CH2M HILL ENGINEERS, INC. 550 W. Cypress Creek Rd Fort Lauderdale, FL 33309 Attn: Gerrit Bulman ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 406 of 1675 ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a,BBFL.US Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 407 of 1675 REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH City Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 408 of 1675 EXHIBIT "A" RATE SHEET FEE SCHEDULE FIRM: CH2M HILL ENGINEERS, INC. DATE: March, 19, 2018 Hourly Personnel Classifications Rate Principal $298 Project Manager $235 Senior Engineer $259 Process Engineer $107 Sr Electrical Egn. $211 Elec. Egn. $125 Process Control/Inst. Egn. $125 Sr. Mechanical Engineer $192 Mechanical Engineer $116 Engineer $125 Designer $107 GIS Specialist $125 CADD/Technician $116 Public Relations Specialist $189 Construction Inspector $116 Sr. Rate analyst $225 Clerical/Administrative $88 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-26 Page 409 of 1675 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 410 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: TNamc of Firm: Office Location: 1. Service: (Check One) L Planning/Study Activity,Report, Other L Design/Engineering Services/Preliminary Bid Document LI Final Document/Bidding/Contractor Award LI Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) L Unsatisfactory H Poor H Fair H Good L Excellent 7. Recommended for Future Contracts? I L I Yes I L No L Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title, and office of rating officer(e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 411 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 412 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 413 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 414 of 1675 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and GLOBALTECH, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: ® Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations ® Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants' work. ' The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 415 of 1675 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 416 of 1675 maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 417 of 1675 electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 418 of 1675 received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 419 of 1675 precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 420 of 1675 observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 421 of 1675 Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 422 of 1675 vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 423 of 1675 Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 424 of 1675 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 425 of 1675 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 426 of 1675 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 427 of 1675 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 428 of 1675 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 429 of 1675 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 430 of 1675 has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 431 of 1675 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 432 of 1675 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 433 of 1675 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 434 of 1675 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18— TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contractor causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20— UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 435 of 1675 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22— ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23— THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�� Page 436 of 1675 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: GLOBALTECH, INC. Attn: Rick Olson 6001 Broken Sound Pkwy. NW, Suite 610 Boca Raton, FL 33487 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 437 of 1675 ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 438 of 1675 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH City Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 439 of 1675 EXHIBIT "A" RATE SHEET FIRM: Globaltech, Inc DATE: 3/16/18 Personnel Classifications Hourly Rate Principal $220.00 Project Manager $210.00 Senior Engineer $190.00 Process Engineer $130.00 Sr. Electrical Eng. $185.00 Elec. Eng. $130.00 Process Control/Inst. Eng. $185.00 Sr. Mechanical Engineer $190.00 Mechanical Engineer $130.00 Engineer $160.00 Designer $160.00 GIS Specialist - CADD/Technician $110.00 Public Relations Specialist - Construction Inspector $130.00 Sr. Rate Analyst - Clerical/Administrative $65.00 Subconsultant Markup 12% Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-26 Page 440 of 1675 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 441 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: TNamc of Firm: Office Location: 1. Service: (Check One) L Planning/Study Activity,Report, Other L Design/Engineering Services/Preliminary Bid Document LI Final Document/Bidding/Contractor Award LI Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) L Unsatisfactory H Poor H Fair H Good L Excellent 7. Recommended for Future Contracts? I L I Yes I L No L Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title, and office of rating officer(e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 442 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 443 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 444 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 445 of 1675 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and KIMLEY-HORN AND ASSOCIATES, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services ® Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants' work. ' The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 446 of 1675 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 447 of 1675 maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 448 of 1675 electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 449 of 1675 received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 450 of 1675 precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 451 of 1675 observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 452 of 1675 Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 453 of 1675 vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 454 of 1675 Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 455 of 1675 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 456 of 1675 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 457 of 1675 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 458 of 1675 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 459 of 1675 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 460 of 1675 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 461 of 1675 has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 462 of 1675 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 463 of 1675 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 464 of 1675 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 465 of 1675 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18— TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contractor causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20— UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 466 of 1675 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22— ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23— THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�� Page 467 of 1675 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: Kimley-Horn and Associates, Inc. Attn: Marwan Mufleh 1920 Wekiva Way Suite 200 West Palm Beach, FL 33411 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 468 of 1675 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 469 of 1675 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH City Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 470 of 1675 EXHIBIT"A"' SCOPE D - FEE SCHEDULE FIRM: Kirn[eV-Horn ars,d Associates, Inc. DATE: july 3, 2018 Personnel Classifications Houfly Rate -Phncipa] $230.00 Project M,a nag,'e,r $198.00 SeniorTransportation Engineer $205.00 Senior Transportation Planner $176.00 Senior Surveyor/Mapper (by sobcons ultant) Engineer $140.00 UrbaraDesigner $140,M Transportation Planner $140.00 Eng.ineering, Technician $119.00, inspector �trans,,portation) $120.00 GIS Specialist $136.00 CADD/Tecli,nician $102-00 Transportation PIanning, Technician $112.00 Clencal/Administrative $80.010 Chief Designer $159M Effective through June 30, 2019. Subject toari,nual adjustment., Reimbursable Expenses; Direct costs,s u ch as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL Page 471 of 1675 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 472 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: TNamc of Firm: Office Location: 1. Service: (Check One) L Planning/Study Activity,Report, Other L Design/Engineering Services/Preliminary Bid Document LI Final Document/Bidding/Contractor Award LI Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) L Unsatisfactory H Poor H Fair H Good L Excellent 7. Recommended for Future Contracts? I L I Yes I L No L Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title, and office of rating officer(e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 473 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 474 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 475 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 476 of 1675 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and BAXTER & WOODMAN, INC. DBA MATHEWS CONSULTING, A BAXTER & WOODMAN COMPANY, hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services ® Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. ' The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 477 of 1675 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 478 of 1675 assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 479 of 1675 previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 480 of 1675 proposals or negotiated proposals, and assist in preparing contracts for construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 481 of 1675 the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 482 of 1675 Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 483 of 1675 other submittals; Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 484 of 1675 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 485 of 1675 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 486 of 1675 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 487 of 1675 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 488 of 1675 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 489 of 1675 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 490 of 1675 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 491 of 1675 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 492 of 1675 RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 493 of 1675 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 494 of 1675 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 495 of 1675 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 496 of 1675 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18— TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contractor causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20— UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 497 of 1675 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22— ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23— THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�� Page 498 of 1675 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: Baxter &Woodman, Inc. dba Mathews Consulting, a Baxter&Woodman Company Attn: David Mathews 477 S. Rosemary Avenue Suite 330 West Palm Beach, FL 33401 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 499 of 1675 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 500 of 1675 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH City Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 501 of 1675 EXHIBIT "A" SCOPE D - FEE SCHEDULE FIRM: Baxter& Wood mian, dba Mathews Consulting DATE: 3/27/18 lPersonnel Classifications Hou Principal $170.00 Project Manager $165.0,0 Senior Transp,ortati'on, Engineer $155.00 Senior Tranisp,ortati'on, Planner $170.00 Senior Surveyor/Mapper $150.00 Engineer $112.00 Urban Designer --- Transportation Planner --- Engineering TechnIcian, $110.00 Inspector (transportatio,n) $190.00 G:15 . 1.)ec i'a I i'st $135.00 CADD/Tec hnician $92.00 Transportation PlanningTech niciar --- C11 e r i ca II/Ad m In i s,t r a t i ve $,70.0,0 Reimbursable Expenses: Direct costssuch as postage, p5ri'nts., delivery ser ,ice will be b5ill1led at cost, Traffic Counter $50/clay Mlovislon Traffic System $600 per them plus. $24/hr processing Subsconsultant costs wi1111 be reimbursed at their invoice costs plus 10% markup Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL Page 502 of 1675 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 503 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: TNamc of Firm: Office Location: 1. Service: (Check One) L Planning/Study Activity,Report, Other L Design/Engineering Services/Preliminary Bid Document LI Final Document/Bidding/Contractor Award LI Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) L Unsatisfactory H Poor H Fair H Good L Excellent 7. Recommended for Future Contracts? I L I Yes I L No L Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title, and office of rating officer(e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 504 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 505 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 506 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 507 of 1675 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and WEST ARCHITECTURE + DESIGN, LLC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services ® Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of ' The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 508 of 1675 its Sub-consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 509 of 1675 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 510 of 1675 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 511 of 1675 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 512 of 1675 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 513 of 1675 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 514 of 1675 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 515 of 1675 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re-bidding or re-negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 516 of 1675 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 517 of 1675 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 518 of 1675 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 519 of 1675 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 520 of 1675 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 521 of 1675 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 522 of 1675 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 523 of 1675 professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 524 of 1675 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 525 of 1675 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 526 of 1675 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 527 of 1675 ARTICLE 17 - NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18— TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contractor causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19— DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20— UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 528 of 1675 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22— ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23— THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�� Page 529 of 1675 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: West Architecture + Design, LLC Attn: Martha A. Morgan 820 N. 4 Street Lantana, FL 33462 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 530 of 1675 ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 531 of 1675 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH City Manager CONSULTANT Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 532 of 1675 EXHIBIT "'A" SCOPE E - FEE SCHEDULE FIRMI: WestArchi'tecture + Design, LLC DATE: July 02, 2018 (Revised) Personnel Classifications Hourly Rate:] Principal $180.00 Project Manager $130.00 Senior Engineer $150.00 Senior Planner $130.00 Senior Architect $120.00 Senior Landscape Architect $130.00 Senior Surveyor/Mapper $150.00 Structural Engineer $140.00 Architect $100.00 Urban Desi I gner $150.00 Planner $80.00 LandscapeArchi'tect $115.00 Inspector (Zoning & Landscape) $100.00 GIS Specialist $112.00 Architectural CADD/Tech nician $80.00 Planning Technician $75.00 Cllericall/Admi'nistrative $50.00 Reimbursable Expenses: Direct costs, such, as postage, pri'nts,. delivery service wi I I Ise b 11111 e d at cost. Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL Page 533 of 1675 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 534 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: TNamc of Firm: Office Location: 1. Service: (Check One) L Planning/Study Activity,Report, Other L Design/Engineering Services/Preliminary Bid Document LI Final Document/Bidding/Contractor Award LI Construction Phase/Completion 2. Name ofPro'ect: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) L Unsatisfactory H Poor H Fair H Good L Excellent 7. Recommended for Future Contracts? I L I Yes I L No L Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title, and office of rating officer(e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 535 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 536 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 537 of 1675 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 538 of 1675 6.G. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-104- Approve the rankings as recommended by the Selection Committee and authorize the City Manager to sign contracts with the four (4) top ranked proposers: Hatcher Construction & Development, Inc., E&F Florida Enterprises, Inc. d/b/a Creative Contracting Group; Republic Construction Group; and ANZCO, Inc.; in order to establish a pre-qualified list of vendors in accordance with Request for Qualifications (RFQ) No. 018-2511-18/IT"Pre- Qualification of Contractors for Minor Construction Services" and authorize the City Manager to award individual projects not exceeding $75,000. EXPLANATION OF REQUEST: On May 18, 2018, Purchasing Services issued a Request for Qualifications (RFQ) with the intent of establishing a pre-qualified list of vendors to perform minor construction services projects within the City. These minor construction projects may include building repairs, upgrades, and improvements including, but not limited to, patching and plumbing, carpentry, masonry, electrical and other miscellaneous repairs as may be necessary at various City sites, as well as small park and/or playground type projects. On June 18, 2018, the City opened a total of eight (8) submittals to this RFQ. After independently reviewing and scoring each proposal in accordance with the evaluation criteria contained in the RFQ, in a publicly noticed meeting held on July 10, 2018, the committee disclosed its scores. The Final Ranking is as follows: FIRM NAME RANKING Hatcher Construction & Development, Inc. 1 E&F Florida Enterprises, Inc. dba Creative 2 Contracting Group Republic Construction Group 3 ANZCO, Inc. 4 RPM General Contractors, Inc. 5 Homrich Corporation 6 The Carpenter's Son, Inc. 7 A submittal from All-Site Construction, Inc. was deemed non-responsive to the RFQ and was not forwarded to the Committee for evaluation and consideration. It is the intent of the City to solicit the collective pre-qualified contractors for competitive offers for minor construction services. Work may be assigned without competition in emergency situations, or in special circumstances when a contractor has previous specific knowledge or is already mobilized to a project with a pending tie-in. Individual projects that exceed $75,000 will be brought back to City Commission for consideration of award. The initial term of the contracts will be one (1) year with the option to renew the contracts for four (4) additional one-year terms, contingent upon satisfactory vendor performance, mutual agreement and determination that the renewals are in the City's best interest. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By pre-qualifying contractors to perform the specified work, the City may be assured that experienced general contractors will complete the work as bid. Page 539 of 1675 FISCAL IMPACT: There is no fiscal impact as a result of this approval. Individual projects $75,000 and under will be awarded by the City Manager or designee. Individual projects $75,001 and over will be brought to City Commission for consideration of award. ALTERNATIVES: Not accept the committees' rankings; Re-rank and approve commission ranking; Request oral presentations to commission then rank; or Not award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving ranking and Agreements with top 4 ranking for minor construction services Agreement Agreement- Hatcher Agreement Agreement- E&F Agreement Agreement- Republic Agreement Agreement-Anzco Attachment Notice of Intent to Award - Minor Construction Attachment Tabulation of Responses- Minor Construction Attachment Summary of Reviewers Scores- Minor Construction D Attachment RFO Submittal - Hatcher D Attachment RFO Submittal - Creative Contracting Croup D Attachment RFO Submittal -Anzco D Attachment RFO Submittal - Republic Construction Services Page 540 of 1675 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE RANKING AND AUTHORIZING 5 THE CITY MANAGER TO SIGN AGREEMENTS WITH THE 6 FOUR (4) TOP RANKED PROPOSERS TO ESTABLISH A LIST 7 OF PRE-QUALIFIED OF VENDORS FOR MINOR 8 CONSTRUCTIONS SERVICES AND AUTHORIZE THE CITY 9 MANAGER TO AWARD INDIVIDUAL PROJECTS NOT 10 EXCEEDING $75,000; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, on June 18,2018 City staff opened and tabulated eight(8) submittals 14 in response to RFQ No. 018-2511-18/TT "Pre-Qualification of Contractors for Minor 15 Construction Services"; and 16 WHEREAS, the RFQ was issued with the intent of establishing a pre-qualified 17 list of vendors to perform minor construction service projects which may include building 18 repairs, upgrades and improvements as may be necessary within the City; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon 20 recommendation of staff, deems it to be in the best interest of the citizens and residents to 21 approve the ranking and authorize the City Manager to sign Agreements with the four(4) 22 top ranked proposers for RFQ No. 018-2511-18/IT for "Pre-Qualification of Contractors 23 for Minor Constructions Services." 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, 30 hereby approves the ranking and authorizes the City Manager to sign Agreements with the C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\60218198-E82D-4379-9242-255752B75266\Boynton Beach.11688.1.Approve_Ranking_and_Agreement with 4 Minor Construction_Services_-_Reso.docx Page 541 of 1675 31 four (4) top ranked proposers for RFQ No. 018-2511-18/IT for "Pre-Qualification of 32 Contractors for Minor Constructions Services," copies of each Agreement is attached 33 hereto and incorporated herein. 34 Section 3. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this day of , 2018. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor— Christina L. Romelus 42 43 Commissioner—Mack McCray 44 45 Commissioner—Justin Katz 46 47 Commissioner—Joe Casello 48 49 VOTE 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\60218198-E82D-4379-9242-255752B75266\Boynton Beach.11688.1.Approve_Ranking_and_Agreement with 4 Minor Construction_Services_-_Reso.docx Page 542 of 1675 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MINOR CONSUTRUCTION SERVICES CONTRACTOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and HATCHER CONSTRUCTION & DEVELOPMENT, INC., hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 018-2821-18/IT. 2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor construction projects, which are those costing less than $185,000. These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three (3) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. Page 543 of 1675 c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 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. CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR 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 Page 544 of 1675 costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 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. Page 545 of 1675 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following address: HATCHER CONSTRUCTION & DEVELOPMENT, INC. 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Page 546 of 1675 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 THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 547 of 1675 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager CONTRACTOR Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary (0°229244.23°6-9°°1821) Page J48 of 1675 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MINOR CONSUTRUCTION SERVICES CONTRACTOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and E&F FLORIDA ENTERPRISES, INC. DBA CREATIVE CONTRACTING GROUP, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 018-2821-18/IT. 2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor construction projects, which are those costing less than $185,000. These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three (3) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. Page 549 of 1675 c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 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. CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR 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 Page 550 of 1675 costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 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. Page 551 of 1675 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following address: E&F FLORIDA ENTERPRISES, INC. DBA CREATIVE CONTRACTING GROUP 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Page 552 of 1675 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 THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 553 of 1675 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager CONTRACTOR Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary (0°229244.23°6-9°°1821) Page 584 of 1675 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MINOR CONSUTRUCTION SERVICES CONTRACTOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and REPUBLIC CONSTRUCTION GROUP, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 018-2821-18/IT. 2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor construction projects, which are those costing less than $185,000. These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three (3) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. Page 555 of 1675 c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 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. CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR 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 Page 556 of 1675 costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 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. Page 557 of 1675 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following address: REPUBLIC CONSTRUCTION GROUP 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Page 558 of 1675 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 THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 559 of 1675 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager CONTRACTOR Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary (0°229244.23°6-9°°1821) Page 430 of 1675 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MINOR CONSUTRUCTION SERVICES CONTRACTOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and ANZCO, INC., hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 018-2821-18/IT. 2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor construction projects, which are those costing less than $185,000. These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three (3) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. Page 561 of 1675 c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 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. CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR 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 Page 562 of 1675 omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 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. Page 563 of 1675 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following address: ANZCO, INC. 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Page 564 of 1675 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 THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 565 of 1675 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager CONTRACTOR Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary (0°229244.23°6-9°°1821) Page 566 of 1675 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. RFQ NO. 018-2511-18/IT SOLICITATION TITLE: PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES DATE OF NOTICE: July 11, 2018 At the public ranking meeting held on July 10, 2018, the Selection Committee for the above referenced solicitation scored and ranked the submittals as follows: Rank 1: Hatcher Construction & Development, Inc. Rank 2: E&F Florida Enterprises, Inc. dba Creative Contracting Group Rank 3: Republic Construction Group Rank 4: ANZCO, Inc. Rank 5: RPM General Contractors, Inc. Rank 6: Homrich Corporation Rank 7: The Carpenter's Son, Inc. Per the instructions in the RFQ, the Selection Committee agreed by consensus to recommend the top four (4) highest ranked proposals for award. This Intent to Award will be presented to City Commission as a recommendation to approve the Selection Committee Rankings and authorize the City Manager to sign agreements with the four highest ranked firms: HATCHER CONSTRUCTION & DEVELOPMENT, INC; E&F FLORIDA ENTERPRISES, INC. DBA CREATIVE CONTRACTING GROUP; REPUBLIC CONSTRUCTION GROUP; AND ANZCO, INC. This Notice is conditioned upon and subject to the City of Boynton Beach's reservation of rights as contained in the RFQ 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. j I Submitted by: Ilyse Triestman, CPPO, CPPB, FCCN, Purchasing Manager America's Gateway t®the Gulfstream Page 567 of 1675 \ \ \ \ \ »» » » » » » » » » » » \ » » / )\ \\ �o \ ` ^ ^ ( / m rl- _( S � »» » » » / « » \\ t : § - § ; 7 { j m co _ m - 2 ¢ }f {tf§ {}{j { 9 »» » » » » \ E((/ \) / rl: z§ \ \ \ _ f / - / / « OM \ \ \ \T _ \\ \ \ \ \ »» » » » « » » » » » » / » » \ \}�> � ° ` \ / \ / \ §§ § § §)/ § § § § § § ( § § \ I 10 wC, § } { } \ \ \ \ \ LU - -0- U _ - _ - � \ \ � \ . \ \ \ \ §§ § § § § § § § § § § \ § § \ \\ }\ / § § \ I } < _ ) 0 \ \ \ \ \ : k w _ - 2 u10 _ _ _ _ \ \ » » » » -lu ) . o - - � { § ) \) } _ \ / / ( - - ( \ ) \k \ _ \ ,\\\ _ _ - - - 2 k }k� zo - -11 z - \ \ - 2� E%/ - :){\ E �\ z WO - - - - §/jC ( § (9 3 /b) - z2� - Ir Ir Ir / - / / ( [ [§ \\ - § § ( \%/� / ( ) LO ti 4- 0 rn m LO (1) c� a LO rl- S 0 z 0 LO a ¢ 2 0000 0000 n � 2 ) os .0 d=_ _\\� U) & cu { 0 _ )q $ - �§[ ; \R _ § \ ; ___000 LO LO ___ \ § � ? u Uf § < ) o 2 \§� z \ \ !< k �§§ \ ee� o LO LO ee� E ) z U) § (0 . ! _� § !a: § E 0 \ / j \)\ \ \\\ \\\ \\\ L § 0z O <° +2 2 ' g < g § K LLE -1 o \ § 9 § n ƒ 2 k w B w 0 LLJ 2 � LL E ° 2 (L _ i k 2 § k § kk 2 d , e \ § ■ � k § § -, So ) § ) � k ; 2 # S ° 2 # S LZ2 # S q J | 96 - 696 wS | � � 1 k �J y N r" pp I { 1 ( S r= 1 z4 HATCHERCONSTRUCTION EVEL P E T, INC 710 W Atlantic Ave. Delray Beach, FL 33444 § x Tel 561-752-4100 ` i t Y F info a)hatcher-construction.com www.hatcher-construction.com TAB 1: COMPANY INFORMATION, QUALIFICATIONS AND EXPERIENCE CoverLetter......................................................................................................................................................................1 ExecutiveSummary..........................................................................................................................................................2 ContactInformation........................................................................... .............................................................................3 OrganizationalChart of Key Individuals..........................................................................................................................3 Resumes of Key Individuals Assigned to Projects • William Hatcher...................................................................................................................................................4 • Jeffery Hatcher.....................................................................................................................................................5 • Byron Black..........................................................................................................................................................6 • Patrick Calixte......................................................................................................................................................7 CompanyDescription and Qualification......................................................................................................................8-9 Experience........................................................................................................................................................................10 FinancialCapacity.......................................................................................................................................................11-12 • Bonding Capacity...............................................................................................................................................13 • Incidents and Defaults......................................................................................................................................14 • Insurance............................................................................................................................................................14 Litigation............................................................................................................................................................................15 Listand Quantity of Equipment.....................................................................................................................................15 Sub-Contractors................................................................................................................................................................16 Request for qualificalions for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-I81IT Page 572 of 1675 TAB 2: MINIMUM QUALIFICATIONS Registration: State of Florida, Divisions of Corporations........................................................................................17 License: Florida Department of Business and Professional Regulations (DBPR).............................................17-18 TAB 3: REFERENCES 1. Wells Fargo .............................................................................................................................................................19 2. Delray Beach CRA....................................................................................................................................................20 3. Cooper Construction.................. ............................................................................................................................21 TAB 4: SUBMITTAL FORMS • Proposer's Acknowledgement.................................................................................................................................22 • Addenda.....................................................................................................................................................................23 • Statement of Qualifications...............................................................................................................................24-25 • References.................................................................................................................................................................26 • Anti-Kickback Affidavit.............................................................................................................................................27 • Non Collusion Affidavit of Prime Contractor.........................................................................................................28 • Confirmation of Minority Owned Business...........................................................................................................29 • Confirmation of Drug Free Workplace...................................................................................................................30 • Acknowledgement of PBC Inspector General........................................................................................................31 • City of Boynton Beach Local Business Status.........................................................................................................32 • Schedule of Sub-Consultants...................................................................................................................................33 • Statement of No Submittal (if applicable) ............................................................................................................34 Requcst for qualifications for-Pre-qualifications of contractors for mirror construction services,RFQ#018-2511-184T Page 573 of 1675 C6 1 5G3 Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-1811T Page 574 of 1675 � [)(JCO0l5O? � HATCHER � ^BmummG SATISFACTION FROM THE BLUEPRINT orYOUR DREAMS" / June 18, 2U1Q. Ms. |lyseTriestman, Purchasing Manager | City ofBoynton Beach Procurement Services 10UEBoynton Beach Boulevard Boynton Beach, Florida 3343S Re: Request for Qualification of Pre-Qualifications of Contractors for Minor Construction Services— RFQ No.: 018-2511-18/iT Dear Madam: It is with great pleasure that Hatcher Construction & Development, Inc (HCD) submit our letter ofinterest to participate in the Request for Qualification ofPre'Oua|ification for Contractors for Minor Construction Services RFU No. 018-2511- 18/IT with 1D-Z511- 18/|Tvvith the City of Boynton Beach. Hatcher Construction & Development, Inc. was established on September 3, 1999 as a turn-key commercial and / residential construction firm. The family owned, and operated company specializes in project solutions in the areas of Construction Development, Beautification, Planning and Infrastructure Development. i The Hatcher Construction team strives to exceed client expectations by putting the customers wants and needs at the | center of each project. We are confident that our years of exceptional and ethical service will provide the optimal results that the City nfBoynton Beach seeks for its projects. The City's vision coupled with our optimism, constructional | expertise will get the job done and exceed expectations. � Enclosed please find one (1) Original, four(4) copies along with one (1) electronic copy of the RFQ on a USB thumb drive. / Thank you for the opportunity to participate and we look forward to providing exceptional service to the City of Boynton Beach. / Respectfully, | \���/\ / mv� William Hatcher | President Enc. l mquestfor qual�flcaflonsfor Pre-qualifications of eontractorsforxinor construction services,RFQ#o/8-25/1-/811T Page 575 of 1675 C J C. 6 1",0:5 i "Building Satisfaction from the Blueprint of your Dreams" is the motto of Hatcher Construction and Development, Inc. (HCD) and it is on that foundation that HCD will build the projects for the City of Boynton Beach. Hatcher Construction & Development, Inc. is a family owned and operated Corporation serving South Florida. The office is located at 710 W Atlantic Ave., Delray Beach, Florida, 33444. It was founded by Georgia native brothers, William and Jeff Hatcher on September 3, 1999 and was launched with a goal of providing superior quality and craftmanship to the region's Construction industry. HCD specializes in project solutions in the areas of Construction Development, Beautification, Planning, and Infrastructure Development. Currently Hatcher Construction is led by William Hatcher, Founder/President and Jeff Hatcher, Co- Founder/Vice-President/Project Manager. HCD other team members are a group of professionals namely: Byron Black, Senior Estimator/Project Manager; Patrick Calixte, Superintendent; Raykell Haywood, Business Development Director and Theresa McFarlane-Blue, Bookkeeper. The Hatcher team, with their hands-on approach, consistently deliver projects from early conception to handing over of the keys. This has resulted in many successful projects and lasting long-term relationships. Hatcher Construction and Development, Inc. offers construction services, preconstruction services,job site and project management, administrative support, and real estate property management. Hatcher Construction evaluates projects for constructability, provides cost estimates, helps maintain project scheduling, and works with owners to meet quality and time objectives. HCD can suggest cost effective means of construction and help select the best Subcontractors for each project. Hatcher Construction and Development, Inc is registered with the State of Florida Divisons of Corporations to do business in Florida. Federal ID #65-0895518. William Hatcher, the President and Founder of Hatcher Construction has a license issued by the Florida Department of Business and Professional Regulations (DBPR) as a Certified General Contractor License #CGC061503 . Hatcher Construction & Development, Inc. consistently rank among the top contractors in project excellence and construction safety in the region. 2 Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-183T Page 576 of 1675 HATCHER CONSTRUCTION & DEVELOPMENT, INC. 710 W ATLANTIC AVE. DELRAY BEACH, FLORIDA, 33444 P) 561-752-4100 F) 561-752-4181 EMAIL: info@hatcher-construction.com WEBSITE: www.hatcher-construction.com FEDERAL ID#: 65-0895518 License#: CGC061503 m 1101,11 9 Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-18,IT Page 577 of 1675 WILLIAM HATCHER-PRESIDENT BACKGROUND A 22-year veteran in the industry. President of Hatcher Construction & Development, Inc. William has built several projects throughout South Florida from renovations to ground up projects and has extensive leadership in building and overseeing education teams and projects with current revenues ranging from $10,000 to$2.25 million. His goal is to develop a structured environment for company principals and field staff with defined expectations and benchmarks for success.The long-term vision is to create a multibillion dollar corporation dedicated to the construction of quality residential and commercial structures. EDUCATION * B.A. in Business Management from Florida Atlantic University * Certified State of Florida General Contractor. CURRENT PROJECT ASSIGNMENTS 9036 Kendale Ct,Single Family Home$650,000.00 Date of completion 06/31/18 (95%completion) 1121 &1127 Miami Blvd, Delray Beach (Single Family Homes)$180,000.00 Date of completion 10/01/18(10%completion) King III and King IV Single Family Homes$195,000.00&$184,000.00 Date of completion 10/17/18(10%completion) Dreyfoos Exit Access Corridor Improvements$138,909.00 Date of completion 08/08/18 (15%completion); West Tech School of the Arts Campus Renovation$109,886.45 Date of completion 08/08/2018 (15%completion) Wellington Landings Middle Interior Renovations& Lighting$254,068.00 Date of completion 08/08/2018 (15%completion) Palm Beach County Fire Station#8$245,000.00 Date of completion 01/31/19 (60%Completion) EXPERIENCE HIGHLIGHTS Atlantic High School:Cafeteria Renovation 8,000sq. ft-$300,000, Bleachers Replacement 11,000sq.ft$135,000 Delray Beach CRA:Art Warehouse Renovation 18,000sq ft$2.25 Million, 12th Ave Apartment Complex:8,000sq ft at $575,000 Gold Coast Academy: Installation of 15,000 sq.ft. previous concrete$130,000 H3 International: 250 Riegle Avenue$160,000.00; 260 Riegle Avenue$160,000.00 John I Leonard High School: New Restroom Building 1,000sq.ft$321,000 SDPBC Cafeteria Renovations(4 Schools): Citrus Cove Elementary School, Crystal Lakes Elementary School, Conniston Middle School and Congress Middle School$286,000 Size varied from 1,000sq ft—2,000sq ft Santaluces High School: Life Safety Upgrades-$282,000, Renovation Modification$130,000(various areas, size varied) Stranahan High School:Single Point Entry Renovation 1,000sq.ft$160,000.00 Spanish River Community High School: CSIR Modifications$250,000 (various areas,size varied) SWA: Control Room Expansion and Metal Storage 5,650sq.ft$118,000.00 Wells Fargo Bank: Facilities Management/ADA Ramp compliance, Renovations$120,000.00; 9001 W Oakland Blvd. (Asphalt& Paving)-$36,000.00; 10077 W Oakland Park(Repaired Restroom to comply with ADA standards)-$14,654.00; 1500 W Lantana Rd. (Demo Concrete sidewalk) $10,360.00; 11 Westron Rd. (Painting, Repair Concrete Ramp, Install ADA watercooler)$13,080.00 Village of Delray Apartments: New construction of clubhouse and guardhouse 12,000sq.ft$360,000 Village of Wellington: New construction of outside storage hanger 1,520sq.ft$120,000 4 - 4D Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-18-IT . Page 578 of 1675 JEFF HATCHER—VICE-PRESIDENT PROJECT MANAGER BACKGROUND A veteran with over 20 years of experience in the construction industry. Vice President and Project Manager for Hatcher Construction. Project Manager on several projects including new construction, �n&4 iT renovations and remodels for commercial and residential projects. RESPONSIBILITES Overseeing construction site personnel, responsible for maintaining engaged owner relations as well as facilitating all owner, subcontractor and supplier meetings, directing the overall schedule, managing all cost and document control, and preparing and executing all LEED activities. CURRENT PROJECT ASSIGNMENTS 9036 Kendale Ct,Single Family Home Date of completion 06/31/18 (95%completion) 1121 & 1127 Miami Blvd, Delray Beach (Single Family Homes) Date of completion 10/01/18 (10%completion) King III and King IV Single Family Homes Date of completion 10/17/18 (10%completion) Dreyfoos Exit Access Corridor Improvements$138,909.00 Date of completion 08/08/18 (15%completion); West Tech School Oof the Arts Campus Renovation $109,886.45 Date of completion 08/08/2018 (15%completion) Wellington Landings Middle Interior Renovations&Lighting$254,068.00 Date of completion 08/08/2018 (15% completion) Palm Beach County Fire Station#8 Date of completion 1/31/19 (60% Completion) EXPERIENCE HIGHLIGHTS Atlantic High School: Cafeteria Renovation 8,OOOsq.ft-$300,000.00, Bleachers Replacement 11,OOOsq. ft$135,000.00 Delray Beach CRA:Art Warehouse Renovation 18,OOOsq ft$2.25 Million, 12th Ave Apartment Complex: 8,OOOsq ft$575,000.00 Gold Coast Academy: Installation of 15,000 sq. ft. previous concrete $130,000.00 H3 International: 250 Riegle Avenue $160,000.00; 260 Riegle Avenue $160,000.00 John I Leonard High School: New Restroom Building 1,OOOsq.ft$321,000.00 SDPBC Cafeteria Renovations (4 Schools): Citrus Cove Elementary School, Crystal Lakes Elementary School, Conniston Middle School and Congress Middle School $286,000.00 Size varied from 1,OOOsq ft—2,OOOsq ft Santaluces High School: Life Safety Upgrades-$282,000, Renovation Modification $130,000.00(various areas, size varied) Stranahan High School:Single Point Entry Renovation 1,OOOsq. ft$160,000.00 Spanish River Community High School: CSIR Modifications$250,000.00 (various areas, size varied) SWA: Control Room Expansion and Metal Storage 5,650sq. ft$118,000.00 Wells Fargo Bank: Facilities Management/ADA Ramp compliance, Renovations$120,000.00; 9001 W Oakland Blvd. (Asphalt & Paving) -$36,000.00; 10077 W Oakland Park (Repaired Restroom to comply with ADA standards) -$14,654.00; 1500 W Lantana Rd. (Demo Concrete sidewalk) $10,360.00; 11 Weston Rd. (Painting, Repair Concrete Ramp, Install ADA watercooler) $13,080.00 Village of Delray Apartments: New construction of clubhouse and guardhouse 12,OOOsq.ft$360,000.00 Village of Wellington: New construction of outside storage hanger 1,520sq. ft$120,000.00 5 Regzrest foi-qualifications foi-Pre-qualifications of contractors for minor construction services,RFQ#018-2511-181IT Page 579 of 1675 C, 06 C, BYRON BLACK-SR. ESTIMATOR/PROJECT MANAGER BACKGROUND A proven professional with an extensive knowledge and expertise in project management and estimating. He embraces a team approach to provide the best value and outcome for the owner. His strong analytical skills, experience and attention to details, positively impacts the budget, complete schedule and overall success of each project. Byron has approximately 20 years in the Construction industry and launched his career as a Draftsman. He has a deep understanding of architectural drawings,which translates to successfully negotiations with his team, in his current role as an estimator. RESPONSIBILITES Provide input to the team on Palm Beach County's master specs. Assists with planning logistics, overseeing compliance with construction documents; managing the RFI and submittal process;working with the scheduler on the overall schedule; managing subcontractor invoicing and project billing; and assisting with pre-punch list, close out processes, and handling procurement of job equipment and supplies. Also responsible for assisting with analyzing blueprints,technical documents and bid specifications to prepare estimates, subcontractor selection; quantity takeoffs and confirming subcontractor scopes of work. EDUCATION *B.S. in Urban Design-Florida Atlantic University * Associates in Architecture-Broward College * Diploma in Education- Mico University * Certificate in Drafting-University of Technology. CURRENT PROJECT ASSIGNMENTS 9036 Kendale Ct,Single Family Home$650,000.00 Date of completion 06/31/18 (97%completion) 1121& 1127 Miami Blvd, Delray Beach (Single Family Homes) $180,000.00 Date of completion 10/01/18 (10%completion) King III and King IV Single Family Homes$195,000.00&$184,000.00 Date of completion 10/17/18 (10%completion) Dreyfoos Exit Access Corridor Improvements$138,909.00 Date of completion 08/08/18 (15%completion); West Tech School of the Arts Campus Renovation$109,886.45 Date of completion 08/08/2018 (15%completion) Wellington Landings Middle Interior Renovations& Lighting$254,068.00 Date of completion 08/08/2018 (15%completion) Palm Beach County Fire Station#8$245,000.00 Date of completion 01/31/19(60%Completion) EXPERIENCE HIGHLIGHTS Atlantic High School:Cafeteria Renovation 8,000sq.ft$300,000.00, Bleachers Replacement 11,000sq.ft$135,000.00 Delray Beach CRA:Art Warehouse Renovation 18,000sq ft$2.25 Million, 12th Ave Apartment Complex:8,000sq ft at$575,000.00 Gold Coast Academy: Installation of 15,000 sq.ft. previous concrete$130,000.00 H3 International: 250 Riegle Avenue$160,000.00;260 Riegle Avenue$160,000.00 John I Leonard High School: New Restroom Building 1,000sq.ft$321,000.00 SDPBC Cafeteria Renovations(4 Schools):Citrus Cove Elementary School,Crystal Lakes Elementary School, Conniston Middle School and Congress Middle School $286,000.00 Size varied from 1,000sq ft—2,000sq ft Santaluces High School: Life Safety Upgrades-$282,000.00, Renovation Modification $130,000.00(various areas,size varied) Stranahan High School:Single Point Entry Renovation 1,000sq.ft$160,000.00 Spanish River Community High School:CSIR Modifications$250,000.00(various areas,size varied) SWA: Control Room Expansion and Metal Storage 5,650sq.ft$118,000.00 Wells Fargo Bank: Facilities Management/ADA Ramp compliance, Renovations$120,000.00; 9001 W Oakland Blvd. (Asphalt& Paving)-$36,000.00; 10077 W Oakland Park(Repaired Restroom to comply with ADA standards)-$14,654.00; 1500 W Lantana Rd. (Demo Concrete sidewalk)$10,360.00; Village of Delray Apartments: New construction of clubhouse and guardhouse 12,000sq.ft$360,000.00 6 Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-181IT Page 580 of 1675 Village of Wellington: New construction of outside storage hanger 1,520sq.ft$120,000.0 PATRICK CALIXTE-SUPERI NTENDENT BACKGROUND Reliable and professional Project Superintendent with Hatcher Construction Development, Inc for over 6 months. Has over 20 years of experience in the Construction Industry working with Cemex as a Block Manager and Planner in charge of conducting safety meetings, overseeing inventory and handling all purchasing and vendor conflicts. Organized, with an attention to detail. SAP experience and ability to read blue-prints. RESPONSIBILITES To provide on-site coordination for all phases of construction projects, including scheduling subcontractors, subconsultants, vendors, material and equipment; ensuring that specifications are being strictly followed, and work is proceeding on schedule and within budget. Communicate with project team regarding RFls, and material submittals. Responsible for scheduling inspections, quality control, and job site safety. Maintain daily log, perform job progress and completion of punch list. EDUCATION * Business Administration &Management—Palm Beach State College * Besser—V3-12 Basic Training Certificate * OSHA-#511 Occupational Safety& Heath Standards CURRENT PROJECT ASSIGNMENTS 9036 Kendale Ct,Single Family Home$650,000.00 Date of completion 06/31/18 (95%completion) 1121 & 1127 Miami Blvd, Delray Beach(Single Family Homes) $180,000.00 Date of completion 10/01/18 (10%completion) King III and King IV Single Family Homes$195,000.00&$184,000.00 Date of completion 10/17/18(10%completion) Dreyfoos Exit Access Corridor Improvements$138,909.00 Date of completion 08/08/18 (15% completion); West Tech School of the Arts Campus Renovation $109,886.45 Date of completion 08/08/2018 (15%completion) Wellington Landings Middle Interior Renovations& Lighting$254,068.00 Date of completion 08/08/2018 (15%completion) Palm Beach County Fire Station#8$245,000.00 Date of completion 01/31/19(60%Completion) 7 Requestfor qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-1817T Page 581 of 1675 .r � V . (bJ Hatcher Construction & Development, Inc. is one of South Florida's leading construction company with over 19 years of experience, specializing in project solutions in the areas of construction development, beautification, planning, and infrastructure development ranging from $10,000.00 to over$2,250,000.00. The HCD is a full-service General Contracting Company which manages and constructs new and renovation projects, ranging from interior build-outs to large commercial, industrial, institutional and multi-family facilities. The services offered by HCD are steady and consistent with its commitment to the community and its clients' needs. HCD maintains the highest levels of professionalism, integrity, honesty and fairness in our relationships with our suppliers, subcontractors, professional associates and clients. Hatcher Construction's team is comprised of experienced members who have been trained in safety,job costs, risk management, planning, scheduling and will examine cost control measures to ensure that the scope of work and final costs are within budget. NCD also utilizes project estimates, material life cycle analysis and budget estimates to produce cost effective solutions in a timely manner. The HCD Team members have worked together successfully on numerous projects and have been assembled for the project with the City of Boynton Beach because of the enormous trust and confidence they have in each other. The HCD team strives to exceed client expectations by putting the client's wants and needs at the center of each project. On every project HCD use cost effective, sustainable construction methods and innovative thinking to meet our clients' needs, while preserving and protecting resources and causing less pollution and waste for future generations. The lead partners and other professionals at HCD will manage the project closely and carefully, and accountability for results will never be delegated. For the City of Boynton Beach this means: • A single point of responsibility to consolidate liability and avoid engineering/contractor conflicts. • Proven budgeting, scheduling and cost-control systems to effectively manage complex design and construction programs. • Integrated project management control systems to help our clients consistently meet regulatory deadlines and strict budgetary requirements. • Cost savings through streamlined procurement processes. • Local expertise to tackle permitting requirements. • Creating an Operational Manuel for the City of Boynton Beach as a living document, to list all the tasks that are essential for the City of Boynton Beach business success, how to do these tasks and who is responsible for these tasks. Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-18.'1T Page 582 of 1675 The Project Manager, Superintendent and other professional staff of HCD that will perform the work on the project for the City of Boynton Beach have a proven track record in this region. HCD has a detailed Quality Control Plan that provide guidelines and expectations for the overall project. This plan provides a guarantee that compliance and quality standards are maintained thus reducing performance problems and work interruptions. Hatcher Construction and Development, Inc. prides its efficiency on the use of detailed schedules that are developed to highlight and identify defined milestones and progress throughout the life of the project. Our scheduling process defines all construction activities and includes input from all our subcontractors. Scheduling is of paramount importance to help our clients stay on time and on budget. The HCD team will carry out an extensive site analysis evaluating location,traffic circulation,and infrastructure capabilities to ensure that the site is ideal for the proposed development. Value engineering is also employed to identify unnecessary costs in design and construction and to offer alternate solutions to reduce costs without compromising the quality, maintenance, performance and aesthetic of the project. Once a project has begun, HCD maintains a full-time Superintendent who is responsible for all daily logs, reviewing quality and timeliness of Subcontractors,conducting safety meetings and maintaining good communications with the owner.The client list includes many nationally known firms including The School District of Palm Beach County, Delray Beach CRA, Delray Beach Community Land Trust and the Wells Fargo Bank. As General Contractors, HCD aim to provide excellent pre-construction services to allow for adequate consideration, deliberation, understanding and clear communication thus ensuring that all stakeholders are aware and in agreement with the vision for the project. Hatcher Construction and Development, Inc is Registered with the State of Florida Divisons of Corporations to do business in Florida. Federal ID#65-0895518. William Hatcher, the President and Founder of Hatcher Construction has a license issued by the Florida Department of Business and Professional Regulations (DBPR) as a Certified General Contractor License#CGC061503. 9 Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-181IT Page 583 of 1675 Hatcher Construction and Development, Inc. many projects include commercial buildings, schools, office buildings renovations, remodels etc. Some included are Delray Beach CRA • Arts Warehouse (Converted 18,000sq ft warehouse to Art Studio) $2,250,000.00 • Apartment Complex Renovations $567,799.00 H3 International • 250 Riegle Avenue—(Single Family Home)$160,000.00 • 260 Riegle Avenue-(Single Family Home) $160,000.00 Palm Beach County • Palm Beach County(Steel Frame Building) $120,500.00 • Palm Beach Detention Centre (Cast in place concrete, Masonry) $30,344.00 School District of Palm Beach County • Atlantic High School (Bleacher's Renovations) $135,000.00 • Gold Coast Academy(Installation of 1500 sq.ft. Concrete) $130,000.00 • John I Leonard High (Restroom Building) $321,000.00 • Royal Palm School (Parking Lot Expansion) $80,000.00 • Santa Luces (Renovation & Modification) $160,000.00 • Stranahan High School (Single Point of Entry) $160,000.00 Wells Fargo Emergency Response Team (Ongoing Proiects): • Facilities Management/ADA Ramp compliance, Renovations$120,000.00 • 9001 W Oakland Blvd. (Asphalt& Paving) $36,000.00 • 10077 W Oakland Park(Repaired Restroom to comply with ADA standards) $14,654.00 • 1500 W Lantana Rd. (Demo Concrete sidewalk) $10,360.00 • 11 Westron Rd. (Painting, Repair Concrete Ramp, Install ADA watercooler) $13,080.00 Village of Wellington • Village of Wellington (New Construction—Storage Hanger) $130,000.00 • Village of Wellington (Steel Framing Building) $67,389.00 10 AMRequest for qualifications for Pre-qualifications of contractors for minor consnruction services,RFQ#018-2511-1811T Page 584 of 1675 5 d A A e A Hatcher Construction and Development, Inc. has built a very solid relationship with several banks and subcontractors in Florida and is able to secure funding in the form of loans when needed and credit from Subcontractors. HCD is financially capable to perform the functions of this RFQ. Accountant's Letter with Financial Statement is enclosed. J W SF.4 Av,; �ffl ir. l = fr71'dtrtf�! �1'?e7 �'f�rrlJ + �dlle f >5_/ I-epI , T.3,3'r; 'J ci:054i784-''-i J J CER 27XJ.U)PVVIA'XfL'liUn7'e V ..,rt(W.NV.;3' a h r4 ):IM iJ-JzriupDuoucirk.-rs:x.uurr_ IND PENDENTACCO€.rNTANT a'REPO RT To the Board of Difoctois and Shanehuldars i-Iairhei Const,ucztion &Develbipment,inc. 3,30 3 S.Congresr,Ave#`6 Bcynton Beat:), F'-33426 vJc have review--d the ar,.com^tEiq'gn3 loalance ghee! of HairhFr tr,.ngir,,r i an (2rt+et^irrnPr.l, Irsr.. ss rsf Do-nrnber 's':, 24"?, and the-elated state-nems of cperatic-ns, retained eamings.and ca5:h flow for the year�hcn cndod.A review includes primarly opcJy`i,g analytical procedures to ma.nagernert's tnanc&--1 d--uta an--i mak r-cd inquiji--s of=!npa-y managernent. A review is substaint:ally Jess in scope than an aud;rt,me oh ective of vnh.ictr i3 the xprc--sicn of an op nion regard ng the finarciai statements E:s a wl-ole. Acco-o'ingly,vve do rot Express=.uch an t?pinion. hvtan+agernent is resporsiale tor the preparaison Fnd fair prazeni Icor c�f fht- i nanc.ial statt=-,trc wt-i in v�urdanc:e with accounting prnciple-� generaVy accepted in the United Sts-,es sof Arrissica and fior cles�gnir,g. invoitrnenting. one riuintaining intemal coritrcl rale-,3n0 io:ne p-eparatior ani fair pressntatior &the financial smteirems. Ox responsibility is to cordcct ifi�A rsviews i-i acc_-idanras -.vim S.alemorts cr, Stand2ids fui Acc_ooniing and Reviev SerW,^e--, isz-ur�:i :)y: Vie Amr-ric:hr, Institu*e of Codified Pt-bko.".ucointants. Tr;osL st€,11j ids roqu..i ,us to perform prcoed.aree`.to cviain limted assurance tear:her=Fre no rra°erial noaificalionu Plat should be modo co the fin:nc:ial s'�qternr:?rds_ We Ib tieve i'la- the mni.l-R of csr.r pmr:,-.cic:re p•:wiciq a rdast:nablc oasis far our mprarJ- RRssFd on oar r-views, we ors ret aware o` any mintcriai modiicetions that shoulo be made to the aGaemF;,�nyina t minvial Statemeeits ir.orci�-:r to'th--rr5 to;ys in conform Ty cairn acccurtirg prnciples gene-ally accepted intha Unitec Slater ofAmeiirk, C uriei Standart anc Company,P A; March 21,208 1 - 0 Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-1811T Page 585 of 1675 C", b HATCHM CONSTRUCTION 9 IDJ=-VF=LQPMF=NT,NC, $tatement rf Qa--td Flows Year Ended Daceilib-e r 31.2017 Cash flow fTorn operating act iviti m hurt incom-e fey ,23W1 RFM0hC1JIat1,On of nC4 Income to net c-ash provided by operaflnE _p activities: Depreciation expense 5945 (Inc ressa).(docroasq In, Contract rer-alvables Cast and e5tirnated earnings in excess of bffiiinqs oil unclornpleted contracts I L-l.615 Priapaid expenses Jnr-rEta59djdecA-4,a!se)in- Ac,cmints payaWe (214 Ojb'N SM111PS Ill OXCOM Of costS and OSAIRTkatC-d "rnkn9t an tAncornploted cohtratbt I Accrued expanses Met cash providtd by operating activities 209 "1 Cash flow from investing w7tivifies Aoquisition of property and equipmantit, vert c7. C7 Ne-t rash used in inverting activifier, Cash flows from fin arcing activities Distributions to sbareholderr. Advaiwes on ioanR receivahic from related parties 2N.C4,)7 RapaVmonts on fino of cradit 86,464 Advance&on loans pay@ We-stor-kholders Repayments on notes payatlie 4078v Net cash used In floan r-Ing actly itle� 4 7:t 1� Not increase in cash (1E1,594, Cash,beginning of year '21,4,)5 Cash,end of year 9,41 .Sne.nccoLmurk%'irP.v1ew mport.md acc*abpany1uV. tiot�,- fo 0%nnc;iA!rt;&t.rrnenV4 12 Requestfor qualifications for Pre-qualifications ofcontractors for minor construction services,RFQ#018-2511-1811T Page 586 of 1675 FS B Age ncy, I n has provided all of the surety bonds that HCD's clients have requested for the past 9 years. Hatcher has up to $5,000,000 single & $10,000,000 aggregate capacity. United States Fire Insurance Company is listed on the US Treasury Department's Listing of Approved Sureties for the amount of$121,886,000.00. Their rating is A and their financial size is XIII. Please see Bonding Letter below. June 18,2018 The City of Boynton Beach 100 E Boynton Beach Blvd, City Hail—2°d Floor Florida 33425 RE, Hatcher Construction&Development,Inc Request for Qualifications for Pre-qualification of Contractors for Minor Construction Services--RFQ No:018-2511-18JIT To Whom It May Concern. On behalf of our client, Hatcher Construction& Development, Inc., it is our pleasure to write to you. FSB Agency, Inc and United States Fire Insurance Company is privileged to act as surety for Hatcher Construction & Development, Inc., one of our admired and respectable clients. Throughout our 9 year relationship, FSB Agency, Inc has provided all of the surety bonds that Hatcher Construction & Development,Inc.'s clients have requested, it has been our endeavor to satisfy our esteemed customers. We will continue to have a great rapport and provide service for a company that has intergrity and an astonishing track record of professionalism and experience. Please be advised that Hatcher Construction & Development, Inc. has up to $5,000,000 single & $10,000,000 aggregate capacity surety program. FSB Agency, Inc and United States Fire Insurance Company shall acknowledge that Hatcher Construction & Development, Inc.can be bonded for projects with a potential construction cost of$1 Million. As always,the surety reserves the right to perform normal underwriting at the time of any bond request, including, without limitation, prior review and approval of relevant contract documents,bond forms,and project financing. The surety assumes no liability if for any reason,they do not execute a specific bond. United States Fire Insurance Company is listed on the US Treasury Department's Listing of Approved Sureties for the amount of$121,886,000.00 .Their rating is A and their financial size is XIII. Hatcher Construction & Development, Inc. has continously impressed us with their diverse capabilities and we hold them in the highest regard. Should they be selected and awarded a contract, Hatcher Construction&Development, Inc.has the ability and surety capacity to provide Performance and Payment Bonds. We would be delighted to provide such services for the City of Boynton Beach,on their behalf. If you need further information, please do not hestiate to contact me. Sincerely, -,�4 7t v GLADYS KEITH 13 T " � is Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-18,IT Page 587 of 1675 Hatcher Construction & Development, Inc, is proud to say, there are no incidents of default on any project where the Firm acted as the Prime Contractor. ( Premiumrinance 280 Technology Parkway,Suite 200 Norcross,GA 30092 770-446-8773 iaa ����III III�I116$��I'II�I��I III IBII HATCHER CONSTRUCTION&DEVELOPMENT INC 3300 S CONGRESS AVE STE 15 BOYNTON BEACH FL 33426-9027 1/2/2018 RB-We Have Financed'Y Insurance Premium Account Number:205-180102-304836 Policy Numbers:renewal RENEWAL. Agent Name:Collinsworth,Alter,Lambert,LLC Thank you for your contract financing the premium on the above policy(s). Annual Percentage Rate 5.94 Premium: $22,255.08 Down Payment: $5,692.03 Amount Financed: $16,624.15 Finance Charge: $455.95 Total of Payments: $17,030,10 Number of Payments 10 Monthly Payment: $1,708.01 First Payment Due_ 1/29/2018 ENCLOSED 1S A COUPON BOOK which shows the AMOUNT and DATES ofeach installment repayment in your contract.I o F'NSURL-PROPER CREDIT please,tear out the con-eel coupon and send this with your monthly installment directly to us. Sincerely, US Premium Finance CC:Collinsworth,Alter,Lambert,LLC 23 Eganfuskee St Suite 102 Jupiter FL 33477 14 Request for qualif cations for Pre-qualzfications of contractors for minor consb-uction services,RFQ#018-2511-18 IT Page 588 of 1675 i Hatcher Construction & Development, Inc. is proud of the fact that we do not have any prior or pending litigation or investigation,either civil or criminal, involving a governmental agency or which may affect the performance of the services to be rendered to the City of Boynton Beach in which the Firm, any of its employees, subcontractors, or subconsultants is or has been involved within the last three (3)years. We believe that this is because we maintain great relationships with the Owners,Architects and Subcontractors and thoroughly follow the demands of the contract. Hatcher's best protection thus far is following the project's safety, cost and all regulations always. Hatcher Construction and Development Inc. inventory of equipment includes a Concrete Chop Saw,Chop Saw,Table Saw,lack Hammer, Paint Sprayer, Scaffolding and a Pressure Cleaner. In addition HCD will rent any equipment that is needed for the Projects with the City of Boynton Beach. Sub-Contractors will provide their own equipment depending on the project at hand. 1.5 Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-1511-18,9T Page 589 of 1675 w, A ffiMEE Air Ref Co.Inc. Ryan cryan@airref.com 2703 N.Old Dixie Hwy, 561-495-7060 561-276-6454 Delray Beach,F.33483 Awning factory Avi avi@theawingfactory.com 635 Wilmer Ave., 407898-6001 407-852-1313 Orlando,FI.32808 Brian's Carpet Val val@brianscarpet.com 5401 N Haverhill Rd., 561-542-9500 561-242-9502 Ste 113,West Palm Beach,Fl.33407 Campany Roof Rene rene@crmwpb.com 910 28th St.,West Palm 561-881-3560 561-863-3194 Maintenance Beach,FI.33407 East Coast Metal Steel Daymon daymon@eastcoastmetals.com 635 Gator Dr.Ste A, 561-766-2579 561-766-2593 Lantana, FI.33462 Graboski Roofing Tim tim@groboskiroofing.com 1071 SW 30th Ave., 561-276-8252 561-276-4918 Deerfield Beach, FI. 33442 Hurricane Drywall Muriel hurricanedrywall@comcast.net 154 Barefoot Cove, 561-572-0350 Hypoloxo FI.33462 Precision Building Jacques jacques@precisionbuildingproducts.com 3300 S.Congress Ave., 561-734-0695 561-734-0526 Products,Inc. West Palm Beach,FI. 33407 PVM Electric Lou Ipertile@pvmelectric.com P.O.Box 18697,West 561-357-1066 561-357-1375 Palm Beach,FI.33416 Mattis Plumbing Mattis mattisplumbing@yahoo.com 7181 Via Leonardo, 561-315-2871 561-432-4176 Lake Worth,Fl.33467 16 E t� Reguestfor qualifications for Pre-qualifications of contractors for n2inor construction sen4ces,RFQ#018-2511-18,7T Page 590 of 1675 a 1 ON Mi il Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-1811T Page 591 of 1675 /' i? ;1 Hatcher Construction and Development, Inc. is registered with the State of Florida Divisions of Corporations to do business in Florida. Federal ID#65-0895518. William Hatcher,the President and Founder of Hatcher Construction and Development, Inc. has a license issued by the Florida Department of Business and Professional Regulations (DBPR) as a Certified General Contractor License# CGC061503. 17 Request for qualifications for Pre-qualifications of contractors for minor consbuction services,RFQ#018-2511-18.'IT Page 592 of 1675 CO �150' STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850)487-1395 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 HATCHER,WILLIAM E HATCHER CONSTRUCTION&DEVELOPMENT INC 233 NE 21 STREET DELRAY BEACH FL 33444 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range41 STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque DEPARTMENT OF BUSINESS AND restaurants,and they keep Florida's economy strong. 0-P PROFESSIONAL REGULATION Every day we work to improve the way we do business in order CGCD61503 ISSUED, 08114/2016 to serve you better. For information about our services,please log onto www.myfforidalicense.com. There you can find more CERTIFIED GENERAL CONTRACTOR information about our divisions and the regulations that impact HATCHER,WILLIAM E you,subscribe to department newsletters and leam more about HATCHER CONSTRUCTION&DEVELOPMENT 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.489 FS and congratulations on your new license! EVinahondsts AUG 312018 L1600140D=20 DETACH HERE RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD GGG061503 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31,2018 HATCHER,WILLIAM E HATCHER CONSTRUCTION&DEVELOPMENT INC 233 NE 21 STREET DELRAY BEACH FL 33444 -kis e 18 Request for qualifications for Pre-qualifications ofcontractors for minor construction services,RFQ#018-2511-I&7T Page 593 of 1675 Oo 1503 NO Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-1811T Page 594 of 1675 C{lCO615M Grc,up MAC Z606�3-020 19DOam,b= Brul°ard,Sua�212 o"=u"ua,a=h.Fzoeu February 51h, 2018 | | Re: Customer Reference-Hatcher Construction& Dcvebpment, mc � roWhom it May Concern: � � | i am writing this recommendation letter for the services provided by Hatcher Construction& Development, Inc. This company has been working with Wachovia Bank since 2000 and has shown itself | tubeavery professional business, both onand off the project sites. � Hatcher Construction& Devek,pment',wU|iognesstomeetc|ients' de,iresandw/iobesfarcxceedany | other company inthe trade, They are always eager oofind economical solutions»ohelp with budget | requirements. Should a job require a time limit, Hatcher Construction is always willing to work on Saturdays and Sundays to meet the schedules or to help another subcontractor's schedule. Hatcher Construction& Development, Inc. ishonest regarding their hours worked, not tpmention very fair when � pricing jobs. Hatcher Construction& Development, Inc.is also part of Wachovia's Emergency Response Team as | needed. Please feel free to call me anytime regarding Hatcher Construction& Development, Inc. and / their work ethics. VVefind them tobereliable and vvehighly recommend then for any General Construction Services. ( Sincerely, � �� -_ '� _``__ ganCunni n�ha"` | Retail Property Manager Corporate Properties Group | 7ogeLher vre'h go fax | 19 | ��| Rcquestfor qualificationsfor Pre-qualifications of contraclors.for"inor construction services,RFQ#0/8-25//'/8'IT Page 595 of 1675 CG(7, O6l5O� � COMMUNITY REDEVELOPMENT AGENCY | May 1O\ 2D18 TO WHOM [TMAY CONCERN: � | am writing this letter of recommendation on behalf of Hatcher Construction & / | Development, Inc. who has completed several projects for the Delray Beach Community Redevelopment Agency(CRA). | � The [:RA has contracted with Hatcher Construction & Development, Inc. on nnukipka . � construction projects over many years, One such project is the recently completed � CRA'n Arts Warehouse Construction Project, |uoata6 at 313 NE 3m Street in the / / Pineapple Grove Arts District in Delray Baeoh, FL The work generally consisted of the | renovations ofanexisting 15.O00 square foot building that included enew second level, i display area, off|nea. |andaomping, parking spaces etc. The construction cost was approximately$2.25 million dollars. / \ Our agency's experience with Hatcher Construction & Development has been a very � positive one. William and Jeff Hatcher and their team handled all of the various projects with m high level of enthusiasm and professionalism. They communicated clearly | regarding any issues that arose and were flexible in resolving any unforeseen problems. � Their work was completed within a timely manner and within budget. We will definitely look for their participation in future projects. If you have any questions or need additional information, please don't hesitate to call | meat(5G1)27G'D84D� | Respectfully, Project Manager � Delray Beach CRA | Cc: File / uoNorth Swinton Avenue Delray Beach,nvououn*44 Phone:so1/zra-8moJ�pox:aa|/276-aaaa 80 | vnvw.do|rovonz.org | / 20 xrvum@oi-«uu@Ycalimisfxmr-qoufificxti*onfxmmnomm/o�-mmw'cmnsovruv xm,icm./ol}#0/8-zJ//'/xv/ Page 596 of 1675 � ==n� �1(6,i5 )� CCOOPER CONSTRUCTION MANAGEMENT May 16, 2018 Re: Customer Reference Dear Sir/Madam: It is a genuine pleasure and honor for me to recommend Hatcher Construction for any General Contracting needs. I have worked closely with Hatcher Construction for the last 8 years and during this time, they have proven to be hard-working, responsible and has exhibited uncompromised professionalism and am delighted to provide this letter of recommendation of their behalf. The key factors for choosing to work with Hatcher Construction is their in-depth product knowledge, dedication to the project's needs and requirements, as well as their ability to provide quality services within the means of our budget. Throughout the years, we have learned to appreciate the high levels of service you repeatedly provide. We are extremely satisfied and elated to have worked with you and look forward to we look forward to a long-lasting relationship. Sincerely, Jackie W. Coaper Jr. —CGC, LEED AP President 21 Request for gtialifications for Pre-giialifications ofconh-actors for minor construction services,RFQ#018-2511-18.7T Page 597 of 1675 rC, Ci6150' Request for qualifications for Pre-qualifications of contractors for minor construction services,RFQ#018-2511-1811T Page 598 of 1675 REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-18/IT ACKNOWLEDGEMENTPROPOSER Submit RFQ's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFQ Title: PRE-QUALIFICATION OF CONTRACTORS FOR MINOR - CONSTRUCTION SERVICES RFQ Number: 018-2821-18/IT RFQ Received By: JUNE 18, 2018, NO LATER THAN 2:30 P.M. RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date and time is scheduled for: JUNE 18, 2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFQ shall conform to applicable sections of the charter and codes of the City. Name of Company: Hatcher Construction & Development, Inc. Federal I.D. Number: 65-0895518 A Corporation of the State of: Florida Area Code: 561 Telephone Number: 752-4100 Area Code: 561 FAX Number: 752-4181 Mailing Address: 710 W Atlantic Avenue City/State/Zip: Delray Beach, Florida 33444 E-mail Address: info@hatcher-construction.com Authorized Signature William Hatcher Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.01 8-2821-18/IT Page JP2W!�)599 of 1675 100229244.2 306-9001821 22 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: "PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES" RFQ NO.: 018-2821-18/IT DATE SUBMITTED: June 18, 2018 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE ® NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No. 018-2821-18/IT Page 23 of 40 1002292442306-9001821) 23 Page 600 of 1675 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 RFQ document. Failure to comply with this instruction may be regarded as justification for rejecting the RFQ response. * attach additional sheets giving the information 1. Name of Qualifier: Hatcher Construction & Development, Inc. 2. Business Address: 710 W Atlantic Avenue Delray Beach, Florida 33444 3. When Organized: September 3, 1999 4. Where Incorporated: Florida 5. How m 1ngy years have you been engaged in business under the present firm name? 6. General character of work performed by your company. General Contractor 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 7 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. $5,000,000.00 Single $10,000,000.00 Aggregate 11. Have you ever defaulted on a contract? If so, where and why?* No THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-1811T Page F4q9g0601 of 1675 {00229244.2 306-9001821 24 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone# Stranahan High School $160,000.00 Single Point of Entr�r Pablo Burgos 561-223-4718 Solid Waste Authority Control Room Expansion $118,000.00 Ron Wiles 561-615-7554 Village of Wellington Construction Storage Hanger $120,000.00 Jason Hanchuk 561-818-1935 Wells Fargo Facilities Management $120,000.00 Bart Cunningham 561-596-6881 13. Contracts on hand. * (Attached) 14. Largest completed projects (include final cost). 1) Delray CRA-Arts Warehouse -$2,250,000.00 2) Delray Beach CRA- 12th Ave Apt Complex- $575,000.00 School District of Palm Beach County- 3) John I Leonard High School New Restroom Building -$321,000.00 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * None 1) arose from performance: * N/A 2) occurred within the last 4 years: * N/A 3) provide case number and style: * N/A Dated at: 710 W Atlantic Ave., Delray Beach, Fl. 33444 this 18th day of June 20 18 By: , bv" (written signature) Name: William Hatcher (printed or typed) Title: President THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page FM0602 of 1675 ;00229244.2 306-90018211 25 REFERENCES FOR Hatcher Construction & Development, Inc. (NAME OF FIRM) Company Name: Wells Fargo Address: 1950 Hillsboro Blvd. 2nd Floor Deerfield Beach, Florida 33442 Contact Name: Bart Cunningham Phone: Fax: E-Mail: bart.cunningham@ 561-596-6881 954-596-6866 wellsf o.com jt $77 ' Company Name: Delray Beach CRA Address: 20 Swinton Avenue Delray Beach, Florida 33444 Contact Name: Kevin Matthews Phone: Fax: E-Mail: MatthewsK@rnydelray 561-276-8640 561-276-8558 beach.com "i717 IF ,VK312 Company Name: Cooper Construction Management Address: 3000 High Ridge Road, Ste. 7, Boynton Beach, Florida 33426 Contact Name: Jackie W. Cooper Phone: Fax: E-Mail: 561-588-5222 jcooper@coopercmc.com 5`5 77771i'll"", Mro"s Company Name: Delray Beach Community Land Trust Address: 145 SW 12th Ave., Delray Beach Florida 33444 Contact Name: Evelyn S. Dobson Phone: Fax: E-Mail: 561-243-7500 561-243-7501 dobson@mydelraybeach.com THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No. 018-2821-18/IT Page fe wo 603 of 1675 100229244.2 306-9001821 26 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: William Hatcher NAME - SIGNATURE Sworn and subscribed before me this 18th day of June 20 18 Printed Information: William Hatcher NAME President TITLE XVYQ NOTARY PUBLIC, State of Florida at Large Hatcher Construction & Development, Inc. COMPANY BYRAN B.BLACK 'r P Bim£ MY COMMISSION#GG134698 EXPIRES:AUG 15, Bond dt rogh Ist state Insurance "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No. 018-2821-18/IT Page ��W%604 of 1675 ;00229244.2 306-9001821; 27 NON COLLUSION AFFIDAVIT State of Florida ) County of Palm Beach ) William Hatcher being first duly sworn, deposes and says that: 1) He/She is President ofHatcher Construction & Development, Inc the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFQ No. 018-2821-18/IT for PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 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 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 qualifier, firm or person to fix the price or prices in the attached RFQ or of any other qualifier, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) President Subscribed and sworn to before me This 18th day of June 120 18 Y'NNe, BYRAN B.BLACK 3?4 = MY COMMISSION#GG134698 A ,•' EXPIRES:AUG 15.2021 My commission expires R..0 Bonded through 1st State Insurance THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No. 018-2821-18/IT Page _W%605 of 1675 :00229244.2 306-9001821} 28 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 Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( x) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES x NO If YES, Name the Organization from which this certification was obtained and date: State of Florida Issuing Organization for Certification 11/14/2017 Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No. 018-2821-18/IT Page FgW%606 of 1675 100229244.2 306-9001821; 29 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Proposers have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Signature of Authorized Company Officer THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No. 018-2821-18/ITPage POW%607 of 1675 ;00229244.2306-9001821; 30 P'ALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Hatcher Construction & Development, Inc. CONTRACTOR NAME By William Hatcher Title: President Date: June 18, 2018 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page _PW%608 of 1675 00229244.2 3069001821; 31 CITY OF BOYNTON BEACH BUSINESSLOCAL II I William Hatcher , the President of (Name of officer of company) (Title of officer of company) Hatcher Construction &Development, Inc. located at 710 W Atlantic Ave., Delray Beach, FI. 33444 (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: Hatcher Construction & Development, Inc. 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? X 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: x 0029859 3. Is the business registered with the Florida YES NO Division of Corporations? x 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: William Hatcher Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page _P2q9g0609 of 1675 {00229244.2 306-9001821} 32 m cLc c� t caz a(iU E N U w c V 0 i4- c a) M - Z O O o ? L a) c p a ° > U) o 0 -0 L O ° .t2 Q. Q) = 3 V 4- � .c Q) Er Q C O C6 I- U +� O O o � � ~- Z UQ °r° -6Q M aUiy y oN o' o +� L 00 ca a) m 3 c -0 ma O rn o m :3 a) OU Z ( N M t,-CO inO 00 G) (D (D N a ) E " � E N O O7 N d' 0000 (D N LO N c N _ CDNO N O) Nm a) 2 LO QW® O > p N N U- LO Lr) O In I-. � O C14 — pO O 0) Z U p w0 co ® r a "p @ (M M N a) fn V ® U Q (B N 00 Cl) N Cl) m C2 a) a) w () F, �- L Q a) C Cl)teLL - M M ° U � m Q W OO L _ O 0 It of V a) O J m Cl) N a) a) •N = CO m m M LL_co M c v LL � � N Q F Lim Z a) vii m "� E IL M c O w -- OO_ O L a°i m M FL s m m p0 .o U LL 00 m 0ccncm U > o � - m m x° E o ?� cmc � Q V m c cu 0 p - • co U 6 O c a OOO � O � o I; m o W o Y > > wo U- Q Cl) v c� a i Q o m -' E a m ca � - O d ® h- U. a) bN- � m Q = a) a) J O cu � D F H Z z W .) -a > to r _ o cn a>i o t� N c n U a) a LUo Q O o +y (D rn a) a) Q U m m c a) c�a mcz Cl) V (� O q -0 E �- O = > _ .>_ .c LO zr E m5 E c O a W LL ✓ L O '- a) Q L m O c v, U F �- 0' OC ® ° a � d x �' o - 0 J o 0 c o W a J O LU � � Q c Q � � _ � � � � Xp U > � � � m co W Q Z = cu z >> ca m vi a) 3 ` O a) N z O0 m �- L Cl)o �n o_ v O o _M O � o L++ 00 V c CO '� ,, O N M � coO d M U fA c N ° L Q) rn L oTo p a) c - c O O 0-2o . N Q p U O N U = O a) c r U) o o U. C! a) .0 c) O U p U U - -c Q Fu m 4) U O ° ° c ren m C 5 3 > O L c c o - O m _ ° � L) •3 U N p ° c L •m N L O c p d a) c Q- O O C C/) - - d 0)C: p U o 3 a) a) m .. o m E 0 ,o UW U c m c a) c � � m is a) N Z `.- 0) N m ° `� W O d Q a) c n a) c Q, U O U a c to y Of _c m E in m � 0 o a) co L tv cB L Q > a) p � � ° cvi Q Q m U w C7 = n pL c U a`) � a, � ow o c a) c I- c ca O cc U) I- O U •c Page 610 of 1675 STATEMENT OF NO SUBMITTAL If you are not submitting an RFC) for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Bomoh, 100 E. Boynton Beach Bnu|evord, P.O. Box 310, Boynton Beooh, Florida 33425-0310. Failure to respond may result in deletion of Firm's name from the City's Vendor list. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFQ No.: 018-2821-18/IT for "PRE- QUALIFICATION OF CONTRACTORS FOR k8|NC}R CONSTRUCTION SERVICES" because of the following reasons: Specifications too 'Yight^, ie., geared toward brand ormanufacturer only (explain below) Insufficient time tnrespond tothe Invitation VVedonot offer this product oranequivalent Our product schedule would not permit ustnperform Unable tomeet specifications Unable to meet bond requirements Specifications unclear (explain below) Other/apeoih/ be|nvv> REMARKS: 100229244.2 306-9001821 34 Page 611Of1675 00 00 00 00 00 00 00 00 00 ei O O O O O O O O N \ O \ i `�4rq ,. 00 00 00 N N O a o 0 00 00 00 I, O O O O O Ln to Ln rn ci N 00 ti ci 00 0 0 0 0 0 0 0 m 6 0 0 0 0 o O o v 00 C C C 0 C 0 0 00 O O O LO 7 Ln C O W 1D � `� N M In O tn. H N ci trT trT t? N N Q rNa O D Q N Q N CL -IO m CL E 06 06 Q m ai w on aiai ,Q a N m N f m m Q o c c N Q L Q a Y Y m w m. ,Q; i.M O fa UJ M v LL ' m LL R5 M [a C ap M t�6 (a C d4 M C ppu- V) aJ M O O N M a O M a+ O N� O (/1 @ ^ O O i cL m m m U ti u N Lj ui J al al N a) al m J J O N Q v (a Q C f6. Q _ to am _, a; m uLO � 0LL cuaOa v v a, a) a ai. Ln alum couco aaum mLn > 3 ,. E 3 i. E vLni .> Ln' .'> v 0 ° m a°a� c � aan� � � o z ._4 -FOZ -1-1a � N-ro �LNioV zv° u °n � a °n D v) Ha d m m m 0 10 O 10 ll+ 1� n r �r IT v r .=i m m Ln m m m d' [t cr d' V .-i N N rJ N rl H cD V N ern lD colD lD n In lD lD 6D L Ln Ln Ln to LLn Ol Ln N lf1 > > > C C C `v v v v v v v v u v a ha }' on bA N N N m a m ay m d a) a`) a) a`)0 C: aaL m w a1 bo c a: c c c 0 0 0. O z O a O u c v v w 0 0 O c fa io n s v 0 O ,_ai T S S p 0 v u c � ami ami � ) t N O O a as v v v w w w ° v> U s° 0 N L L O C O U T U T L L L L MU a'' ra ,'� a'.' U U v u 0 0 o m 3 m ° v ° v ° v N a v E c E c E a ti E ° t = E ° s° E ° m m m a a v a a o o m N C) U M o M: x T ouJ ouJ 0- u V) CL vu) 0a- u n 'oo u LUto N ai c : I m L m t @ Vim' L U 4k Y C J O 10- (Ea a L E E 2l o M ti u o w v ° t c L U c ° @ v o v n J a a a E o g u C ,o aJ O m m LL m a) m p U w N O Q m se q > Y a > o O M a) UQ 'c£S a) C t C Q m N M M a O Q G = m 'J O a' Page 612 of 1675 s SL Cld Cd O CN CP i C) 00N Y (3 00 Page 613 of 1675 Form W-9 Request for Taxpayer Give Form to the (Rev.November 2017) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service Ilt-Go to wwwJrs.gov1FormW9 for instructions and the latest information, I Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. HATCHER CONSTRUCTION&DEVELOPMENT, INC. 2 Business name/disregarded entity name,if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to 0 following seven boxes. certain entities,not individuals;see instructions on page 3): 0 El Individual/sole proprietor or EJ C Corporation Z S Corporation El Partnership El Trust/estate to single-member LLC a; C Exempt payee code(if any) CL 0 :g F1 Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)0- 0 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is r code if an another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. 4. Z 0 Other(see instructions)k- (Applies to accounts maintained outside the U SJ 0 6 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) a)a' 710 W Atlantic Avenue 6 City,state,and ZIP code Delray Beach, Florida 33444 7 List account number(s)here(optional) HATC0006 Maxlsayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on fine 1 to avoid I Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,fora resident alien,sole proprietor,or disregarded entity,see the instructions for Part 1,later.For other 77, -M entities,it is your employer identification number(EIN). If you do not have a number,see How to get a I I I TIN,later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. M65 — 0 8 9 5 5 1 8 Under penalties of perjury, I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct, Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature of Here U.S.person 11� Azll�_ A/ Date tr —ZO General Instructions Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise o Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments -Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to wwwJrs.gov1FormW9. ®Form 1099-S(proceeds from real estate transactions) Purpose of Or ®Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an -Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number ®Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption o Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number Use Form W-9 only if you are a U.S,person(including a resident (EIN),to report on an information return the amount paid to you,or other alien),to provide your correct TIN. amount reportable on an information return.Examples of information returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form r5b9`6N'& 1675 rnri �C Yl l! i i FO c,(c i-1 c n i�oX53 pry f I', Page 615 of 1675 GROUP - 3141 FORTUNE WAY SUITE 16 WELLINGTON, FL 33414 561-333-1445/USECCG.COM Lic#CGC1513410 i SUMMARY OF ADMINISTRATION, ORGANIZATION AND STAFFING I E & F Florida Enterprises Inc. D/B/A Creative Contracting Group (CCG) is a full-service general contracting company, serving residential and commercial clients in South Florida. Established in 2003 by owner, Lisa Addis, CCG has earned a reputation for executing visionary design through the realities of construction and forging longstanding client relationships. Our main office in Wellington is managed by Lisa and she is assisted by her assistant Shannon Roseman. He has been with the company for five years and is extremely knowledable with both the office side and hands on side of the industry.There are also two Project Managers who work along with Lisa. Edmond D'eusanio has been with company since its's inception and has over 22 years construction management experience. Frank Addis, Lisa's brother, has over 14 years construction management experience as well as years of prior experience in the NYC Roofers Union. There also is Project Coordinator,Joseph Patalano. He is responsible for the bidding process from beginning to end. He will be the direct contact for the agencies during the projects. Besides handling the paperwork, he works closely with the entire staff to make sure ! everything runs smootly. CCG also has a warehouse and showroom located in Wellington, as well as a large yard and warehouse located in West Palm Beach. Our two foreman and their skilled craftsmen meet at these locations every morning to prepare for the day. We also have a large list of professsional and dedicated subcontractors that have been working along side us for many years. Th ks )� a. Lisa Addis V.P. 561-333-1445 Creativecontractor@comcast.net I 1 Page 616 of 1675 COXTR.81'11'N(C K,IitOLV N1101 a- 4c'Al 3141 FORTUNE WAY SUITE 16 WELLINGTON, FL 33414 561-333-1445/USECCG.COM Lic#CGC1513410 QUALIFICATIONS AND APPROACH E & F Florida Enterprises Inc. D/B/A Creative Contracting Group (CCG) is a full-service general contracting company, serving municipalities, residential, and commercial clients in South Florida. Established in 2003 by owner, Lisa Addis, CCG is a family run bussiness that implements highly-personalized service as the hallmark of the firm. Lisa and her construction managers have over 50 years of experience. They are constanitly reeducating themselves both through classrooms and in the field.We have completed thousands of contracts without any client ever being left unsatisfied.We have done projects as small as painting park benches to half million dollar clubhouse buildouts and custom homes. We have a highly skilled crew and top notch subs that can handle everything on this RFQ. We have worked with numerous municipalities on all types of projects. We have worked at highly secured areas and sensitive landmarks as well.We have a highly experienced office staff that includes a project coordinator that works with the municipalities directly. He is with the bidding process from beginning to end. He will be available for all meetings and assist with any document requests, material questions, changes, or emergencies. We will have a project manager and a foreman assigned to every project as well.This insures promt service, complaint !, resoltion, effective employee performance, safety, and timely completion. i� CCG prides itself on seamless integration of design and construction, bringing experienced subcontractors to each project—both women and men—with a shared mission to deliver ahead of schedule, under budget and at an unprecedented level of quality. Lisa considers her position at the helm of CCG as the ultimate service industry job, offering solutions informed by a thorough understanding of client needs, and realized through responsiveness and i communication. CCG maintains the highest standards in the contracting industry and is at the vanguard in implementing construction methods, tools, materials and techniques that meet the ever- developing ecological and safety requirements of the State of Florida. All CCG projects are considered through the company's values-driven philosophy, which emphasizes creativity, l Page 617 of 1675 innovation, reliability, accountability, and sustainability. ill I I Page 618 of 1675 e 4310 Sea Mist Way Wellington,F133449 (561)-333-1445 lisaaddis@comcast.net comcast.net Vice President of Creative Contracting Group with a 14-year record of success overseeing all phases of the day to day operations of the company. Backed by strong credentials and a proven history of on-time, on-budget and high-quality project completions. Professional Eimer ie ee CREATIVE CONTRACTING GROUP Vice President, October 2003—Present ® Manage and strengthen relationships with clients, architects, engineers, building officials and bank representatives j Supervise and motivate team of employees and subcontractors ® Payroll and Budgeting Expert efficiency with reading blueprints, building codes, and permits ® Manage and conduct meetings with clients and product representatives ® Manage materials and maximize resources ® Site Safety / OSHA Compliance ® Manage project timelines and contract negations ® Bidding / Estimating / Proposals III Licenses I FLORIDA CERTIFIED GENERAL CONTRACTOR FLORIDA.CERTIFIED REAL ESTATE BROKER I� j Page 619 of 1675 ' 2.6 Edmond D'Eusanio 11201 Pine Valley Dr Wellington,F133414 (561)-718-7568 eddiepavers Pgmail.com Construction operations manager with a 22-year record of success overseeing all phases of construction projects and sales. Backed by strong credentials and a proven history of on-time, on-budget and high-quality project completions. Professional Experience CREATIVE CONTRACTING GROUP Operations and Sales Supervisor, October 2003 —Present I i ® Establishes Relationships with Property Management Companies ® Bidding / Estimating / Proposals ® Budgeting & Cost Controls ® Site Safety / OSHA Compliance ® Change Order Management ® Subcontractor/ Crew Supervision ® Preparing Project Initiation Documentation ® Preparing Progress Reports il I i II 'I Page 620 of 1675 0 FrankAdd 11376 Regatta Ln Wellington,F133449 (561)-3o6-5390 frank1c)7o 11(@gmailxom Construction manager with a 14-year record of success overseeing all phases of construction projects. Backed by strong credentials and a proven history of on-time, on- budget and high-quality project completions. Professional Experience CREATIVE CONTRACTING GROUP Operations Supervisor, October 2003—Present ® Construction / Demolition Projects o Home Improvement Projects ® Site Safety / OSHA Compliance o Change Order Management ® Budgeting & Cost Controls ® Bidding / Estimating / Proposals o Subcontractor/ Crew Supervision o Preparing Project Initiation Documentation ® Preparing Progress Reports 'ISI I i i �I �I ,I Page 621 of 1675 Joseph Patalano 11144 Marina Bay Rd Wellington,F133449 (561)-291-1665 ,jepsalesa comcast.net Project Coordinator with a 5-year record of success managing all phases of construction projects. Backed by strong credentials and a proven history of on- time, on-budget and high-quality project completions. Professional Experience CREATIVE CONTRACTING GROUP Project Coordinator, October 2013—Present ® Direct Liaison Between Outside Agencies and our Staff 0 Bidding / Estimating / Proposals ® Change Order Management ® Budgeting & Cost Controls ® Preparing Project Initiation Documentation a Preparing Progress Reports ® Site Safety / OSHA Compliance FLORIDA EASTCOAST RAILROAD POLICE Supervisor, March 2010—October 2013 NEW YORK CITY POLICE DEPARTMENT Sergeant, September 2000—July 2oo8 Police Officer.July 1988-September 2000 i i I it I I Page 622 of 1675 NIEIL,SON, ROSENH AUS ASSOCIATES I•Tll[l,<,C,t l Ht.,.��ER:GC.I:F t...ihr6'tnPrY May 24, 2018 Re: E&F Florida Enterprises, Inc. dba Creative Contracting Group Statement of Bondability ATo Whom It May Concern: This is to advise you that our office provides Bid, Performance, and Payment Bonds for E&F Florida Enterprises, Inc. dba Creative Contracting Group since 2016. Their surety is Philadelphia Indemnity Insurance Company which carries an A.M. Best Rating of A++ XV and is listed in the Department of the Treasury's Federal Register. Based upon normal and standard underwriting criteria at the time of the request, we should be in a position to provide Performance and Payment Bonds for projects up to $750,000 for a single bond and $750,000 in the aggregate. We obviously reserve the right to review final contractual documents, bond forms and obtain satisfactory evidence of funding prior to final commitment to issue bonds. We cannot assume liability to any third party, including you, if we do not execute said bonds. E&F Florida Enterprises, Inc. dba Creative Contracting Group is an excellent contractor and we hold them Uj in the highest regard.We feel extremely confident in our contractor and encourage you to offer them an opportunity to execute any upcoming projects. This letter is not an assumption of liability, nor is it a bid or performance and payment bond, it is issued only as a bonding reference requested by our respected client. if you should have any questions, please do not hesitate to give me a call. I, iJ Sincerely, Brett Rosenhaus Florida Licensed Agent I V-0I Lake Worth Road Suite 2.231 Lake Worth,Ft..33467 P 561.713.1453 P`.5t.,1 71:3.1455 Page 623 of 1675 Ar7q7_ li 3141 FORTUNE WAY SUITE 16 f WELLINGTON, FL 33414 561-333-1445/ USECCG.COM Lic#CGC1513410 DEFAULTS, LITIGATION, OR INVESTIGATION E & F Florida Enterprises Inc. D/B/A Creative Contracting Group (CCG) has no incidents of default on projects where our firm has acted as the primary contractor. E & F Florida Enterprises Inc. D/B/A Creative Contracting Group (CCG) does not have any prior or pending litigation or investigation, either civil or criminal, involving a governmental agency or which may affect the performance of the services to be rendered herein, in which the Firm, any of its employees, subcontractors, or sub-consultants is or has been involved within the last three (3)years. Thin s� Lisa Addis V.P. i i i �I i I i i Page 624 of 1675 C, i I 3141 FORTUNE WAY SUITE 16 IIII WELLINGTON, FL 33414 561-333-1445/USECCG.COM Lic#CGC1513410 LIST OF SOME OF OUR MAIN SUBSCONTRACTORS III Skilled Electrical Connections 2761 Vista Parkway#E-8 WPB FI 33411 561-248-4807 Romar A/C& Plumbing Inc 1732 South Congress s-292 Palm Springs FI 33461 561-758-9022 j Brain Hollinger Plumbing 15886 80th Ln N Loxahatchee FI 33470 561-502-0592 Cerrito Electric 2765 Vista Pkwy#H-1 WPB FI 33411561-790-0775 SVC Design Group (Signs and Awnings) Pompano Bch FI 954-941-4403 All American Aspalt WPB Fl 561-684-9183 I Dan Griffin Sod WPB FI 561-719-9973 I Thafi Lisa Addis V.P. i I 1u Page 625 of 1675 3141 FORTUNE WAY SUITE 16 WELLINGTON, FL 33414 561-333-1445/USECCG.COM Lk#CGC1513410 LIST OF SOME OF OUR EQUIPMENT 2014 Mitsu Fuso Landscape Truck 2007 Mitsu Fuso Landscape Truck Ford E-350 Box Truck Caterpillar Excavator 2528 New Holland Excavator L185 2001 Blast/Trail Power wash Trailer 2004 Contr/Trail Flat Trailer 2001 Chevy Expresss Van Numerous other vehicles Also : bobcats, generators, scaffolding, ladders,wheel barrels, chipping hammers, wet saws, and numerous power tools and equipment used for all aspects of construction. I Thane Lisa Ah�s V.P. I 1� i Page 626 of 1675 s CERTIFICATE F LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/04/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Troy SiSSDm Insured Choice of North America PHONE Ext). (561)736-6022 ac.No: (561)736-6052 706 W.Boynton Beach Blvd.#110 E-MAIL insuredchoice@insuredchoice.com nsuredchoice@insuredchoice.com INSURERS AFFORDING COVERAGE NAIL# Boynton Beach FL 33426 INSURER A: MAXUM CASUALTY INSURED INSURER B: NAUTILUS INS CO 17370 E&F Florida Enterprises Inc/DBA Creative Contracting INSURER C: #CGC1513410 INSURER D: 3141 Fortune Way Suite 16 INSURER E: Wellington FL 33449 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICYNUMBER MM/DD MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ®OCCUR DAMAGE TO RENTED PREMISES Ea XuEr ence) $ 100,000 MED EXP(Any one person) I$ 1,000 A BDG-0080804-05 04/05/2018 04/05/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: - GENERAL AGGREGATE I$ 2,000,000 X POLICY❑PECOT- El LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accidentl ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) I$ S UMBRELLA LIAR X I OCCUR EACH OCCURRENCE $ 1,000,000 B X EXCESS LIAB CLAIMS-MADE AN048852 02/28/2018 02/28/2019 AGGREGATE $ 1,000,000 DED RETENTION S $ WORKERS COMPENSATION PER H- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE S DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) II CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ©199188-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 627 of 1675 i. E&FFL-1 OP ID: N CERTIFICATE F LIABILITY INSURANCE DATE(M4/20 8 04/04/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 561-392-3300 CONTACT Workers Compensation Group NAME: P O Box 410 p p (a°,No,Ext):NE 561-392-3300 FAX No):561-361-1132 Boca Raton,FL 3 342 9-041 0 E-MAIL certs@workerscompgroup.com Cspeo Consulting LLC INSURERS AFFORDING COVERAGE NAIC# INSURER A:BusinessFlrst Ins Co INSURED E&F Florida Enterprises,Inc DBA Creative Contracting Group INSURER B 3141 Fortune Way#16 INSURER C: Wellington,FL 33414 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL SUBR I POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE [—] OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ POLICY JECT r_1 LOC PRODUCTS-COMP/OP AGG $ OTHER: S AUTOMOBILE LIABILITY ES Oa a.'d.nIINGLE LIMIT $ j ANY AUTO BODILY INJURY Perperson) $ j OWNED SCHEDULED AUTOS ONLY r AUTOS BODILY INJURY Per accident $ ! HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ g A WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY X STATUTE X ER YIN521-12678 04/1612018 04/16/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE F__1E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1'000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) I i CERTIFICATE HOLDER CANCELLATION PALMBEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ili AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 628 of 1675 �'i 0 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/11/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Monica Cavaioli NAME: Floridian Coastline Group HONE Ext: (954)302-4531 C No: (954)692-3941 2450 E Commercial Blvd E-MAIL monica@floridiancoastline.com ADDRESS: Suite 203 INSURER(S)AFFORDING COVERAGE NAIC#r Ft Lauderdale FL 33308 INSURERA:Travelers Casualty Insurance 119046 INSURED INSURER B: E&F FLORIDA ENTERPRISES, INC INSURER C: DBA CREATIVE CONTRACTORS GROUP INSURER D: 3141 FORTUNE WAY STE 16 INSURER E: WELLINGTON FL 33414 INSURER F: COVERAGES CERTIFICATE NUMBER:CL16122103216 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE ADDL SUER POLICY NUMBER I MM/DD/YYYY I(POLIC EFF POLICY EXP LIMITS MM/DDlYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ RA-MAGETO REN I CLAIMS-MADE D OCCUR PREMISES(Ea occur encz) S _ MED EXP(Any one person) $ PERSONAL&ADV INJURY I $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑jE O LOC PRODUCTS-COMP/OP AGG $ OTHER: I$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I $ 1,000,000 Ea accident) X ANY AUTO BODILY INJURY(Per person) I$ A ALL OWNED SCHEDULED AUTOS AUTOS X BP_6H922577 10/3/2017 10/3/2018 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident Uninsured motorist combined I $ 500,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ __ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED 1 1 RETENTION$ S WORKERS COMPENSATION I PERSTATUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ it DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THE CERTIFICATE HOLDER IS ALSO LISTED AS ADDITIONAL INSURED. I I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Michael Cruz/MIKE �J� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Page 629 Of 1675 INS025(201401) 'I Page 630 of 1675 1/31/2018 Detail by Entity Name Divislcm w CorPORATIOMI; Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entry Name Florida Profit Corporation E&F FLORIDA ENTERPRISES INC. Filing Information Document Number P03000112054 FEI/EIN Number 20-0261053 Date Filed 10/09/2003 State FL Status ACTIVE Principal Address 4210 sea mist way wellington, FL 33449 Changed: 05/01/2013 Mailing Address 17682 SEALAKES DRIVE BOCA RATON, FL 33498 Registered Agent Name&Address BUDNER, MORDECAI 17682 SEALAKES DRIVE BOCA RATON, FL 33498 Officer/Director Detail Name&Address i Title VP ADDIS, LISA 17682 SEALAKES DRIVE BOCA RATON, FL 33498 I Title Secretary ADDIS, FRANK 11376 REGATTA LANE WELLINGTON, FL 33449 Annual Reports Report Year Filed Date http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNam _fp lL 167 II APPLICATION FOR REGISTRATION OF FICTITIOUS NAME REGISTRATION# 61 4000016274 Fictitious Name to be Registered: CREATIVE CONTRACTING GROUP Mailing Address of Business: 4210 SEA MIST WAY WELLINGTON,FL 33449 Florida County of Principal Place of Business: PALM BEACH FILED FEC Number: 20-0261053Feb 14, 2014 Secretary of State owner(s)of Fictitious Name: E&F FLORIDA ENTERPRISES, INCE 3141 FORTUNE WAY,SUITE 16 WELLINGTON, FL 33414 Florida Document Number: P03000112054 FEI Number:20-0261053 I the undersigned, being an owner in the above fictitious name,certify that the information indicated on this form is true and accurate. I further certify that the fictitious name to be registered has been advertised at least once in a newspaper as defined in Chapter 50, Florida Statutes, in the County where the principal place of business is located. I understand that the electronic signature below shall have the same legal effect as if made under oath and I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, Florida Statutes. LISA ADDIS 02/14/2014 Electronic SignatUre(s) Date Certificate of Status Requested(X) Certified Copy Requested(X) Page 632 of 1675 --- - —— — — — — — — — — ,- Attached is your Wellington Local Business Tax Receipt. Please verify the information and display at your place of i y` . ELL k GTOI business in a conspicuous location. i 12300 FOREST HILL BLVD I LOCAL BUSINESS TAX RECEIPT I This receipt expires on September 30,2018. Renewal I EXPIRES: September 30,2018 1 Notices are mailed at the end of July to the last known I BUSINESS TAX RECEIPT:18-00013038 I mailing address. If you do not receive the notice by the I CLASSIFICATION:GENERAL CONTRACTORS I middle of August, please contact us at(561)791-4000. I DBA:CREATIVE CONTRACTING GROUP DBA Address: 3141 FORTUNE WAY 16 It is your responsibility to renew your receipt. I WELLINGTON FL 33414 You may renew your Local Business Tax Receipt online at p— PLEASE DETACH WALLET CARD www.wellingtonfl.gov RECEIPT FEE PENALTY FEE MISC.FEE TOTAL FEES 100.0 $0.00 $0.00 $100.00 PLEASE DETACH HERE I 18-00013038 �r -Y -f� 12300 FOREST HILL BLVD NGT N (561)791-4000 ELLIC) LOCAL BUSINESS TAX RECEIPT LOCATION ADDRESS: 2018 t DBA:CREATIVE CONTRACTING GROUP DBA ExPIREs:September 30, APPLICANT:LISA ADDIS ORIGINAL ISSUE DATE: September 26, Address:3141 FORTUNE WAY 16 2017 WELLINGTON FL 33414 CLASSIFICATION:GENERAL CONTRACTORS ELLIN GTON MAILING ADDRESS: CREATIVE CONTRACTING GROUP DBA E&F FLORIDA ENTERPRISES INC 4210 SEA MIST WAY LAKE WORTH FL 33467 Paqe - J �onwcn�nnicp�nrnrtttYATESTABLISHMENTORPLACEOFBUSINESS ,p 140 snz.,, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION e•Snarl "`-_-�_.-•%Yr,I[�� CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 i I I ADDIS, LISA I\A CREATIVE CONTRACTING GROUP 3141 FORTUNE WAY SUITE 16 WELLINGTON FL 33414 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and 01.,!, _ Professional Regulation. Our professionals and businesses range -i S TAT E:OF FLORIDA �4G-^�tit`-- . from architects to yacht brokers,from boxers to barbeque _ R. DEPARTMEI�T;'Or_>BUSINESS AND restaurants, and they keep Florida's economy strong. �' PROFESSI OA ULAI ION Every day we work to improve the way we do business in order '' GGC15.13d1 D ;`: _-;:GS;SUE!D• :.p6/19/2016 to serve you better. For information about our services, please - log onto www.myfloridalicense.com. There you can find more i4": _ CER:l IFIED:GE'N>n .L`CO:N,PACTOt is information about our divisions and the regulations that impact ADDISA ME you, subscribe to department newsletters and learn more about ti CPEATIVE CONTRACxl1NG GROUP the Departments initjaLives. = _� r f .r Vii:..• � _ -.—_ ,i - ... .... Our mission at the Department is:License EfTiciently, Regulate �'�`•`..=`:-';.--',::- •_�::... ` :_':°:�:.;t=;;3.r..;✓;�;.--ry._. ' '` •. . _ Fairly-We constantly strive to serve you better so that you can 89.FS. serve your customers. Thank you for doing business in Florida, "`v: I-S'C•EP..T1F,.1'Eq_un8.er 1. x !jh_ Explratfond2le AIJB31•,21118 :.-... , L1fi0o7900�1026 'r: • and congratulations on your new license! - DETACH HERE RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA E DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTIO.I INDUSTRY LICENSING BOARDS x 3� , :. 90-1 — 'The':GENERAL-CONTRACTOR.- _ gT aided:b'e,low IS CERTLFLE'D= - �: Under•th.e_provisions of 9 xptratjon,.date-AUG-31=.,2018 f ` _ - rs '- - oil r,. EATiVE'CONTRACT6N:. "' -__•� :: :CR G GROUP 1- '3141 FORTUNE WAY Y 144 5 1 a I • y, i'SU,ITE;::f.6�_'�::: ......_ „ r ?Ee. Itr� �. C i �L �"Elf LINGTON_ r=..S•�C'a5;:.� ;':.Ya�i :ti-a ,,,@��p yd l ,._..�..v.�-. „_.... � .._..-...+_.rte.. �.. _...-.-._.-.-._.....__..-.._._..•..'...:_.__.....i.....:... .`. _.....:_.�...�:.....r....-�..�: .�:.._...'•_._._:.•' ~f r ~ ~ ISSUED: 06/19/2016 DISPLAYAS REQUIRED BY LAW SEQ0 L1606 900010 6 age 6634 of 1675 Form W-9 Request for Taxpayer hive Form to the (Rev.December 2014) Identification Number ander [f[caLion requester.Do not 11111=81 1111 mer"of the Treasury send to the IRS, Intam.1 Revenue Service 1 Name(as shown on your income tax relum).Name is required on this fine;do not leave this fine blank - "lama FLORIDA ENTERPRISES,DIBIA CREATNE CONTRACTING GROUP 2 Business hame/d sreganied entity name,ff different1rom above j ( m to 0 3 Check appropriate box.forfederal tax dasifica'don;check only one of the following seven boxes: 4 Exemptions(codes apply onlyto o certain entities,not individuals;see ❑Individual/sole proprietor or r✓] C Corporation ElS Corporation ❑ Partnership ElTrustlestal::a lnstructions on page a)-- C r- single rnembarL C ❑Urnited liability company"Eater the tax"class fixation(G^corporation,S-S corporation,P=partnership))- }�mp t payee ��code(if f� Exemption from FATCA re orEin Q Note.Fora single-member LC that is disreoarded,do not check 11C;tiheck the appropriate box in the Fina a_hove for p 9 'the tax classification of The single-msmber owner. code(d arty) — c y— n ❑other(see instructions)� _ 5 Address(number,street,and air or suite no") flequester's name and address(optional) I n a 3941 FORTUNE WAY,BAY 16 cn o E City,stare,and ZIP code WELLINGTON,FL 33414 7 Ust accou r numba�s)her.(option) Taxpayer 1clan-'rfication Number(TIN) Enter your TIN in the appropnai.box The TIN provided must match the name gN en on line 1 to avoid social security number i backup wrMolding.For individuals,1his is generally your sxial security numb (SS".However,for a M r es dent alien Sole pr ,opr9a'tor,or disregarded entity,ser"u re Pari I inst"uciions on page 3.For other it is your employer iderffl,cation number�1�.I;you do not have a numb-,,,s�Hovz to oat a FIT 77N on page 3. or }dote.Ii the a:xount is in more titan one name,set Hhe insu uCiiDn5 for line t and the Griart on page A fgi Employer iderrMcz'don ruunber guidelin-..s on Whose numbe to en=ter. I21U - N 26 3 l Certification 111111 ii II Unda-pernalties of perjury,I c--rtfy flat 1. ilie number shot',n on This�,bm is Miry co, layer ide,d;cEHon number(or 1 am,va ting mr a numberto be issu:.d to me);and 2� 1 am Du-,subject to backup wriholding brcau a:(a)I am 8xempt from baclnCp wmholding,or(b)I have not been nut; t ed by Internal Revenue Sarvic--QRS)i7'iat 1 am subject to baclarp virhholdng as a r=suft of a failure to report all lifter--i or dividends,or(c)tie IRS;---no w5ed me that]am Do longer subje t to baclup vwitiiholdu-ig;and I 3. I am a U.S,ci'EEn or otter U.S.person(defined'below);and 1 4.The FATCA oode(s)entered on this;om(rr-any)indicating ti-1 am ex=,"npt from FATCA reporting is coir Ceriifica:Uon instructions.You must cross out"item 2 you.have been notified by IRS the you are currently subjai:u to bacl-aip withholding I barause you have fatted to report all int�and d " nus on�our tax return.For real estate"t a-rnat;iions,item 2 does not apply.Formortgaoe interest paid,acquisition or abandonm t of ser-n prope Nation of debt,contributions to an ind-widuai retirement aaangement(IRA),and generally,payments otherthan interest clivis,yo not Uired to sign the cerilfic:aon,bu yod must provide your corraut TIN.Sem the Inst ucilons on page 3. �IC�fI Signa ure of y� Here LIS.person b Date A •.? i 1 General Instructions •Form 1098(home mortgage interest),-1098-E(s-W dwnt loan lnterst),1098--T (iuirion) Section references are to the Internal Revenue Code unless otherwise noted" P Form 109n C(canceled deb) Future developments.Information about developments affecting Form W-9(such ,Form 1099 A(acqulsdion or abandonmentoi secured property) as legislation enacted after we release It)is at www.irs,goy/iw9. Use Form W-9 only if you are a U.S.person(including a resident elien),to Purpose of Farrel provide your eonE--', j An individual or entity(Form W-9 requester)who is required to file an irromation if you do not natum Form W-9 to the requester wRh a 77N,you might be subject retlrm with the IRS must obtain your correct taxpayer ider r ffiCation number(nM 'm backup withholding.See What is baclaip withholding?on page?- which which may be your social security number(SSM,individual taxpayer identification By signing the filled-out fom,you: number(MN),adoption taxpayer lderrHi ation number(ATIM,or employer -1_ that}he TIN you are ming is correct or identification number pi",to report on an Information retum the amount paid to y g ( >mu are waiting for a number to bL)SSu4' you,or other amount reportable on an information rebum.Examples of Information retums Include,but arta not limited to,the following: 2 Certify that you are not subjeutto backup wtthiholgrng,or •Form 1099ANT(interest earned or paid) 3.Claim exemption from backup withholding if you am a U.S,exempt payer_.ti .Form 1099-DIV(dividends,Including theta from stocks or mutual funds) applicable,you are also cartil q that as a U.S.person,your allocable share of j a Form 109-4-M1SC(various of Income, rimes,awards,or gross any pattieishlp Income from a U.S.trade or business is nut subject to rite ( types e,P 9 pmceeds) withholding tax on foreign partners'share of effactively connected Income,aid •Form 1099-H(sttocic or mutual fund--ales and oerain other transactions by t.Certify that FATCA codes)eni=ed vn hats tom(rf arty)indcating thatyou arta i broke a) exempt from the FATCA reporting,Is correct See Met is FATCA reporting?on •FDrm 1099-S(prorcae ds from real estatetransactions) page 2 for further Information. •Form 1099-K(merchant card end third party network transactions) l CaL No.I MOIX Form W-9 (A=w.1z-2o14) Page 635 of 1675 Page 636 of 1675 1 �1 3141 FORTUNE WAY SUITE 16 ill WELLINGTON, FL 33414 561-333-1445/USECCG.COM Lk#CGC1513410 LIST OF SOME OF OUR REFERENCES Villagio Home Owners Ass. 6935 Via Bernardi Lake Worth FI / Lacy Carr / 561-967-7814 / propmgrvillagio@comcast.net/Clubhouse Addition (with roof) and Refurbish in 2015 Muirfield Townhomes 11198 Polo Club Rd, Wellington FI 33414 / Byrce Gaff ; JDM property mgmt. / 561-294-6466/ Bryice@idmpm.com / replaced roofs and painted entire community in 2015 & 2016 Medivalue LLC, 3381 Fairlane Farms Rd. Wellington FI 33414 / Tiffany Rodriguez / trodriguez@ctcpharmacy.com/561-350-3961/Complete remodel of 8,000 feet office space Institute for Womens Heath, 5507 South Congress Ave Atlantis, FI / Madaline Christopher / 561-548-3625/Complete remodel of 6,500 feet office space in 2018. We have also done work for the following municipalities Village of North Palm Beach/Chuck Huff/561-348-0697 Town of Jupiter/Scott Isberner/561-741-2281 City of Parkland/Ryan Spradlin/954-757-4149 City of West Palm Beach/ Lorenzo Rivero/561-822-1252 Palm Beach County / Mani Berjano/561-233-3682 Village of Wellington/ Jim Fackell/561-753-2435 Th a Lisa Addis V.P. i 1 i Page 637 of 1675 ISI I� I I� Page 638 of 1675 REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-18/IT PROPOSER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFQ Title: PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ Number: 018-2821-18/IT RFQ Received By: JUNE 18, 2018, NO LATER THAN 2:30 P.M. RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date and time is scheduled for: JUNE 18, 2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90)days after such date and time. All awards made as a result of this RFQ shall conform to applicable sections of the charter and codes of the City. Name of Company: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: or �,j N(.-, City/State/Zip: E-mail Address: 9 1 Authorized Sigdre LA A Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.01 8-2821-18/IT Page 22 of 40 100229244.2 306-90018211 22 Page 639 of 1675 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: "PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES" RFQ NO.: 018-2821-18/IT DATE SUBMITTED: g,. S- We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE i NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED j COMPLETE AND ACCEPTABLE, RFQ No.018-2821-18/IT Page23 of 40 {00229244.2306-9001821} 23 Page 640 of 1675 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 RFQ document. Failure to comply with this instruction may be regarded as justification for rejecting the RFQ response. * attach additional sheets giving the information ^ �o(kd ca '14t'-en5es mjc - 1. Name of Qualifier. �I�a �'��a �i 2. Business Address: J 8 ° r -kv n c f,JS � (o (-- 3. When Organized: 7 ! a, c) coo-3 4. Where Incorporated: C-1 0'1 d C1 5. How many years have you been engaged in business under the present firm name? 6. General character of work performed by your company. 7. Enclose evidence of possession of required licenses and/or business permits. i 8. Number of employees. 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. ? ', ` " raGl le .l c)re c3 � 11. Have you ever defaulted on a contract? If so, where and why?* THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-181IT Page 24 of 40 {00229244.2306-9001821} 24 Page 641 of 1675 I 12. Experience in performance ofwork similar iO importance tothis project. Project $Va|ue Contact Name Phona# 60a/ i-J L 561, 39&�44q? � � (V m vu ���(� v��* �} � �� � 13. Contracts on hand. ° � x 14. Largest completed projects (include final cost). 1 o v 3 r7 r a 2) 3\ J.eL 0 (3^ �3 . 15. List all lawsuits to similar orarbitration towhich you have been 8party and which: �J[�Al ~�,` ^ �= 1\ arose fromperformance: 2) occurred within the last 4years: ° 3) provide mase number and style: ° Dated at: this day of 20 ( � By: (written signature) / /�/\ ZL ' Name: /—! Addi's (printed or ty Title VIC-L-E � THISPAGE nOBE SUBMITTED FOR PROPOSAL TOBECONSIDERED COMPLETE AND ACCEPTABLE. RFQNo.O18'202i488TPage 25of40 100229244.2 306-9001821) 25 Page 642 Of 1675 EF E R E N C E S F 0 R C/Z,t. pT1Jc NAME OF FIRM Company Name: Address: Contact Name: Phone: Fax: E-Mail: r . Company Name: Address: Contact Name: e;r Phone: Fax: E-Mail: Company Name: vI )C!1 . � �J Address: 501 1 U S 4v­/� �j id Contact Name: 0L f-r- Phone: Fax: E-Mail: Company Name: Address: I'l 1�3 �1 Contact Name: Phone: Fax: E-Mail: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 26 of 40 {00229244.2306-9001821} 26 Page 643 of 1675 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I,the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. l , By: NA -SI, Sworn and subscribed before me this. day of 20 Printed Information: i NAME TITLE NOTARY PUBLIC, State of Florida at Large1 �, , 1 COMPANY I v Notary Public State of Florida Joseph Patalano My Commission GG 17t�t�75 ' Expires Q5/1412422 "OFFICIAL NOTARY SEAL" STAMP I THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. i RFQ No.018-2821-18/IT Page 27 of 40 {00229243.2306-9001821} 27 Page 644 of 1675 NON COLLUSION AFFIDAVIT State ofd+ > ) County of 1,011, 03 ea ) L' >a tydt s being first duly sworn,deposes and says that: 1) H /Sheds cf 1(. ,-e s4ewk of U el -c\4 6, t,, e c 1 F z , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFQ No. 018-2821-18/IT for PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 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 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 qualifier, firm or person to fix the price or prices in the attached RFQ or of any other qualifier, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) W , (Title) �� Subscribed and sworn to before me This day of 120 =NNOUIry tate of Florida My commission expires � ann n�C 1%dt376 022 J' *A�ICD THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 28 of 40 {00229247.2306-90018211 28 Page 645 of 1675 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE III Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification � 101 Date of Certification �I THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 29 of 40 (002292".2306-9001821} 29 Page 646 of 1675 ."a .- �, .. r� _ .,�-+.^' c•L„ d .-. a -•-•,-, -s u' �n t r--�<,� j ...tir •f ��'e�i - t$..�,��'� �FK�' �.-5'p.���s�,���k„a��':�`,u�s f�' _,�,,.*� g� ,�.�2 ✓.t•-�-°.,.��F�.�� rte`-'��`�'�•_,r��'�'r'�._,G_�` �'��'`� .r�..�==_',t�� .�",'.`rv�^ 4�:�,�� ^: 5 cv— wwiE t, «. o`'-- moo_ t CD Ri i LA m CD "yin r Q "�� •O p V-4 �� s! °�!( �i � � CEJ '.'�_"� �i •i p� o �2, + .�#,mrd'. g,.•,c� �yWy y.�.+. `� i"i O o . arfi ��wa..,. •Q od E U5 { F- CO G.x.`'.!_ 'r .fi Sf �+ ^s �..f •-.-, r#�l; y�� SSI CCS -•ter •.•.' 3' 1 { E "" •r-+. �.� C!] S 6 y,` egad [n � U� i e,.J �` v] �-•e''i sr Q i. rd3 F`"� C [n O �J - 3J,U Me 0 -6 CL U 1 L a L4 0 77 IZE'G I �f"!c-,�� � t'^. '`_-,� •ti �ij. () �� o;'�j a�� cll O U {U cr �' i p ' w X iia # 1 I Omcl IliLl `r .�+ C$`l� ,•� 1 O O c ..,_7 '. . 0 1)� - � ?1 �: yg CL3 o l o� o a) tt 4 r Cd CD _91 tC$ � co .. f wl c o94 T-4 1 05 Cd :a> ?- o o ID o cv U Q U in rw CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Proposers 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 i specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). !i 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Signature of Authorized Company Officer THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. i RFQ No.018-2821-18/IT Page �0 of 40 {00229244.2306-9001821} 30 age 648 of 1675 PALM BEACH TY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Vtcu A— e S{ n -- Date: 1 i I i I THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. I RFQ No.018-2821-18/IT Page 31 of 40 {002292A4.2306-9001521} 31 Page 649 of 1675 CITY OF BOYNTON BEACH CAL BUSINESS STATUS CERTIFICATION I, LIsiA AAJ15 , theyiu ����IcCz i€ of (Name of officer of company) (Title of officer of company) )sa ,+fid '-Ve., rn� e 5 }t,(-, located at '3,lq (,�( n l (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 I following to be true and correct: NAME OF BUSINESS: t% "�` 1 c �� .11- f c 1. Is the business located within the City limits YES NOS Number of Years: of Boynton Beach, Florida? I 2. Does the business have a business tax ES NO Business License receipt issued in the current year? Number: 0001 3 .. 3. Is the business registered with the Florid YES NO Division of Corporations? , (10 3 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: c_ - ***FOR PURCHASING USE ONLY*** j Business License ❑ Year Established: ❑ Active: i Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 32 of 40 {00229244.2306-9001821} 32 Page 650 of 1675 :3. 0 0 --j C/) 0 0 w m --q (a 0 0 0 0 =r :3 0 C:t CD =3 CD 0 0 =h CD 0 " 0 C: 0 U) 0 0- 0- :3 �A a) 0 CL cn C-D :D =r CD (n (n 3 CD 0 M " -0 CD m CD Cn. Z CD M 0 (n 3 CD 3 ::r cn CL CD c: =r a) CD CD 0- 0 < 0 0 0 CD --A 0 :3 (n 0 SD 0 0 (D O 0 =3 O CD 0-co " CD Cn -0 =3 CD CD CO =r r- CD 0 0 W i :3 (D m 0 0 -0 '7 in-.l< cn 0 =3 cn 0 o- n 0 0 CD CD 0 r_ .0 cr r+ =r a - CD Z CD 0 P 0 cn 0 0 -0 --0 m CD 4W VJ O0 m > -. :3ro. 4 U) (?0 -1 =r :0 K) 00 III N m 0 cr 0 -. Oa 0 c ;0 CD Cn CD 0 02 > m 0 jo 0 . m0 0 V (D 0- 0 :�j =) =T M CD -0 -n 2) W cn CD - 3 o- cn JO 0 0 cl) co ro CD 0 W 2:,< CL 0 z z 0) CD U) 0) 0 C)- -n 0 0 m 0 CD U) 0 " 0 z > C: r CD M cl) ;u 0 CCD -1 -0 0) 0— In ZF, 0• c C 0 > a0 CL oo 0 n C 0 C) 0 00 CD 1a) 0 -V a cn 0 0 m 0- 00 E: mo 0 v = z 6 Cr CD Z Z -n > > CD CD CJ) (n =r — 0 (D 3m 0 > :3 CD Fn 0 0 c -0 EP �3 (n0 m 0 CD m > 0 r CD o 0 C, Z) CL a CD z 0 z 0 " CD 2) CL — m U) CD CD ;:P 0 U) Z (c P CD U) 0 — =k 0 0 cn (n 5' - 0 -n m 0 CD 0) (D U) 0 m CD m (n 0 tD CD =r 0 3 o 0 CD Z 0rt 4z CD W :E 0 —0. CD (D 0 i-n- "a z r- 0 0 w 0 0 0 r+ CD a - .0 CD =r 4. = :6 0 A, U CD r 'I -m 0 = (D Oa 0 0 00 —) cn * — A) CD -0 :3 0 a" 0 0 0 CD CL Z3 CD CL CD CDCD 0 0) :3 :3 U) 1 .0 (1) CD C: 0 :3 U) z CD :3 h 0" 00 C: U) 0 0 CD z CD =—r 0 m CD CD CD r+ 0 Page 651 of 1675 STATEMENT OF NO SUBMITTAL If you are not submitting an RFQ for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of Firm's name from the City's Vendor list. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFQ No.: 018-2821-18/1T for "PRE- QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES" 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 I Unable to meet specifications Unable to meet bond requirements Specifications unclear(explain below) Other(specify below) REMARKS: i i {00229244.2 306-90018211 34 Page 652 of 1675 i u i i f ANIZC4 671 Carousel Circle South Boca to , FL 33434 Phone. 561-488-0822 Fax, 954-532-2624 RFQ No.: 1a-2511-1IT REQUEST F F QUALIFICATIONS FOR PRE-QUALIFICATIONF CONTACTORS FOR MINORCONSTRUCTION SERVICES RFQ DUE DATE: JUNE 1812018 RFQ CLOSINGTIME: 2;30 P.M. (LOCAL TIME) CITY HALL, E CLT ENT SERVICES Page 653 of 1675 ut ANZCO Table of Contents Tab 1: Company Information, qualifications and Experience Tab 2: Minimum Qualifications Tab : References Tab 4: Submittal Forms Page 654 of 1675 f a t , ANZCO 1. Anzco Inc has been operating since 2007 completing 245 projects successfully. BO percent of these projects were governmental. At present we have annual minor construction contracts with Palm Beach County and the City of Coral Springs. 2. We are a certified SBE with Palm Beach County,with offices in Boca Raton and a office/shop/ warehouse in Pompano Beach.At present we have 11 full time employees. 3. We self perform our own sitework, concrete, masonry, reinforcing steel, stucco,framing and drywall. Equipment owned includes backhoe,excavator, bobcat, and dump truck. 4. John Zak President is the contact 561-699-3602 for all items. Amanda Fernandes office !Manager handles permits, scheduling of inspections,tracking shipments, payroll and invoicing. Harvey Moore and Earl K. Greene are Field Supervisors. Prior to each project starting a pre-construction meeting is held with SUPT/foreman. Employees and subcontractors to define the scope of work, time frame, safety traffic control and quality assurance. 5.2 None 5.3 Attached 6. Done Page 655 of 1675 JCA Surey(;roup, !IA, 941 V',Morse,131vd,,Suite 10() 'Whiter Park,4'i Tel (:321)€00-6594 Fax(107) 264-832,1 WW9VJCj 1SL1!V .cOffl June 14,2015 City of Boynton Beach 100 E. Baynton Beach Blvd. Boynton Beach, FL 33435 Re:ANZCO, Inc. Project: RFQ No.: 010-2511-1811T; Pre-Qualification of Contractors for Minor Construction Services Bear Selection Committee Members, It is a privilege for JCA Surety Group, LLC to be the agency handling the banding needs of ANZCO, Inc.for the past 5 years. Bonds are placed with Philadelphia Indemnity Insurance Company which has an AM Best Rating of A++,XV and is listed on the US Treasury Department's list of Approved Sureties. ANZCO, Inc. has a reputation for holding itself to the highest standards of quality and displaying the utmost integrity. Prudent surety underwriting requires our satisfaction of financial ability, experience and personnel.ANZCO, Inc. has our complete confidence in all these areas. While maximum limits have not been established, Philadelphia Indemnity Insurance Company favorably considers single projects in the$1,000,000 range,with an aggregate program around$4,000,000 to be within their normal operating capacity.As of the date of this letter ANZCO has$3,500,000 in available bond capacity. Should you require Performance and Payment bonds from ANZCO, Inc.we would be pleased to execute the required documents. Please mote that this letter is not an assumption of liability.Should you have any questions or require additional information please do not hesitate to contact me at(321)800-6594 or(407) 5754351. Sincerely, g Jorge L. Bracamonte Contract Bond Specialist Page 656 ofA675 ANZCO, INC. FINANCIAL STATEMENTS DECEMBER 31, 2017 Page 657 of 11§75 CARLOS M. FERNANDEZ, P.A. CERTIFIED PUBLIC ACCOUNTANT Member of Florida Institute 7700 N-Kendall Drive,Suite 807 of Certified Public Accountants Miami,Florida 33156 Phoney(305)598-4478,ext. 102 Fax:(305)598-1971 Anzco, Inc. Boca Raton, Florida I have compiled the accompanying statement of assets, liabilities and equity—income tax basis of Anzco, Inc. as of December 31, 2017, and the related statements of revenues and expenses — income tax basis for the year then ended, and the accompanying supplementary information contained in Schedule I which is presented only for supplementary analysis purposes. I have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance about whether the financial statements are in accordance with the income tax basis of accounting. Management is responsible for the preparation and fair presentation of the financial statements in accordance with the income tax basis of accounting and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the financial statements. My responsibility is to conduct the compilation in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The objective of a compilation is to assist management in presenting financial information in the form of financial statements without undertaking to obtain or provide any assurance that there are no material modifications that should be made to the financial statements. Management has elected to omit substantially all of the disclosures ordinarily included in financial statements prepared in accordance with the income tax basis of accounting. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the company's assets, liabilities, equity, revenues, and expenses. Accordingly, the financial statements are not designed for those who are not informed about such matters. April 6, 2 18 Page 658 of 'It'75 ANZCO, INC. STATEMENT OF ASSETS, LIABILITIES AND EQUITY - INCOME TAX BASIS DECEMBER 31, 2017 ASSETS Current Assets.- Cash Accounts Receivable $93,583 130,759 Total Current Assets 224,342 Fixed Assets: Building & Land 125,000 Machinery & Equipment Vehicles 123,142 Accumulated Depreciation 49,445 (151,221) Net Fixed Assets 146,366 Total Assets $370,708 LIABILITIES & STOCKHOLDER'S EQUITY Current Liabilities.- Accounts Payable $23,523 Payroll Liabilites (752) Total Current Liabilities 22,771 Long Term Liabilities-, Notes Payable - Kelly Tractor Co. 44,223 Notes Payable - BankUnited 81,370 Notes Payable - TD Bank 35,559 Total Long Term Liabilities 161,152 Total Liabilities 183,923 Stockholder's Equity: Common Stock Retained Earnings 500 Current Year's Income (Loss) 119,977 66,308 Total Stockholder's Equity 186,785 Total Liabilities & Stockholder's Equity $370,708 READ ACCOUNTANT'S COMPILATION REPORT Page 659 of-q675 ANZCO, INC_ STATEMENTOF REVENUES AND EXPENSES - INCOME TAX BASIS FOR THE YEAR ENDED DECEMBER 31, 2017 INCOME Income $2,173,221 Total Income 2,173,221 DIRECT EXPENSES Construction materials 773,219 Subcontractor costs 720,542 Other construction costs 3,876 Total Direct Expenses 1,49 7,637 Gross Profit 675,584 OPERATING EXPENSES Other Expenses 246,892 Payroll Expenses 346,165 Utilities 5,620 Total Operating Expenses 598,677 Operating Profit (Loss) 76,907 OTHER INCOME/EXPENSES, Corporate income taxes 10,599 Net Income (Loss) $66,308 SEE ACCOUNTANT'S COMPILATION REPORT Page 660 of 1(W5 ANZCO, INC. SCHEDULE I - OTHER EXPENSES FOR THE YEAR ENDED DECEMBER 31, 2017 OTHER EXPENSES Auto & Truck Expenses $32,301 Bank Charges 239 Bond Expenses 15,940 Depreciation 14,786 Equipment Costs 36,439 Equipment Rental 42,914 Insurance: Worker's Comp Other 10,265 Licenses & Permits 38,645 Miscellaneous 2,987 Mortgage Expenses 5,207 Other Expenses 15,559 Professional Fees 9,200 Telephone 14,898 Tools & Small Equipment 2,464 5,048 Total Other Expenses $246,892 SEE ACCOUNTANT'S COMPILATION REPORT 675 Page 661 of CONTRACTORSCORE Certification The Contractor Score is an ernpirical tool derived from the contractor's documented and verified. information. It is based on objective calculations �.�thout subjectivity or bias. The main goal of Contractor Score is to provide a concise gauge whereby customers may evaluate the short-term liquidity and management capacity of the contractor relative to its own needs. It is not a bond nor guarantee of performance. The emphasis is on liquidity, -working capital, leverage and profitability of the most recent fiscal year and fiscal quarter as it relates to the existing bac1dog. Available funds contributing to the liquidity may be internal.or external. Inc. 9671 Carousel Circle South Boca Raton, FL 33434 Has a Contractor Score of 1058 Effective Date as of Latest Financial Statements Submitted Til e 0 From Com,piledSuatements 0—350 Weak # 350—650 Fair 9 650— 1000 Good Over 1000 Excellent Page 662ir's 1675 ACCAUDO CERTr ATE(MMIDDfYYYY) IF LIABILITY I 2112/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate dons not confer rights to the certificate holder in lieu of sLfch endorsement(s). PRODUCER _ --- --CONTACT NAME:. Certificate Department W.F. Roemer Insurance Agency, Inc, PHONE 3775 NW 124 Avenue (A_Na,F;Xt) 954-731-5566. — Afc tip);E-MAIL 954-731-8438 ..-_.---- Coral Springs FL 33065 ADDRESS: certificates roemer-ins.com INSURERIS)AFFORDING COVERAGE MAIC# INSURER A:American Builders Insurance Co 11240 — - INSURED ANzc6-1 INSURER 8:Mapfre Ins.Co.of Florida 34932 nzco. Inc. - - - --- 9671 Carousel Circle South INSURER C:Evanston Insurance Com 1Eany Boca Raton FL 33434 INSURER D: INSURER E: .. INSURER F: COVERAGES CERTIFICATE NUMBER:770390217 REVISION NUMBER: - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSWBR ...._._.__�—POLECY EFF POLICY EXP LTOF INSURANCE vvvpPOLICY NUMBER IMMIDDIVYI'Y. MMIDDffYYY LIMITS C X COMMERCIAL GENERAL LIABILITY Y 13C52587 212212318 212212019 EACH OCCURRENCE 151,00g090 CLAIMS-MADE X 1OCCUR DAMAGE TO REN'o ED f -. RF2EM18ES(Ea accurgmce}_�$30n,000 _--_ --- j I MED EXP(Any one person) $5,000 .__.-. PERSONAL 8 ADV INJURY S 1 OLD 000 ' 1\rl-AGGREGATE LIMIT APPLIES PER I' GENERAL AGGREGATE=' $2.000 9U0 X'. JECT PRO- � POLICY� LOC PRODUCT - OMPPOPAGG 52300,0{30 SC _ .... - OTHER:� •----.. , 5 B AUTOMOBILE LIABILITY ` 5204070001553 11/1812017 --1111812018 COMBINED SINGLE LIMIT — ANV BODILY (Per person) -100-0 000 AUTO - ---_ ALL OWNED SCHEDULED ---- ----- .AUTOS 'AUTOS BODILY INJURY(Per accident)I 5 X NON-OWNED PROPERTY DAMAGE .. i HIRED AUTOS AUTOS it Per aCCkdanl 5 $ UMBRELLA LIAR 'OCCUR EACH OCCURRENCE $ _EXCESS LIAR I�CLAIP�FlS-MADE. " I5 _ ._. _ DED RETENTIONS { $ A WORKERS COMPENSATION VVCV008863107 7121f2017 712112018 X PER OTH- AND EMPLOYERS'LIABILITY Y f N STATWTE�ER i ANY PRflPRiETORfPARTNERIEXECUTIVE �'N!A E, 151,of1E3000 OFFICERWEMBER EXCLUDED? .__L....EACHACC._IDFNT _ (Mandatory in NH) E.L.DISEASE-EA EMPL If yes,descrrbe under ....._ OYFFL$3,000000_.. • _— -_ DESCRIPTION OF OPERATIONS below 1 E.L.DISEASE-POLICY LIMIT $1 01)0,000 i I I r DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may he attached if more space is required) The interest of City of Boynton Beach is included as Additional Insured when required by written contract subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Baynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. 100 B Boynton Beach Blvd. AUTHORIZED REPRESENTATIVE Boynton Beach FL 33425 I O 1988-2014 ACORD CORPORATION, All rights reserved.. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Page 663 of 1675 ANZCO Subcontractors Information Company License No. Address Phone No. Adams Electric Inc. EC13002607 635 SW 1 Ave, 954.463,0292 Fart Lauderdale, FL. 33301 Murphy painting 12-PU-18045- 8510 NW's 79t'Street, 954.718.1420 Tamarac, FL 33321 Gomez Roofing CCC033707 1015 NW 31st Ave, 954.974.4848 Pompano Beach, FL Fax:954.974.4148 33069 Infinity Plumbing CFC14632 1830 SWI 64th 954.979.6067 Terrace, North Lauderdale, FL 33068 Page 664 X1675 t u r rL-%jmiLjiA g DEPARTMENT i PROFESSIONAL REGULATION CONSTROCTION INDUSTRY LICE l i BOARD (656) 487-1895 2601 BLAIR STOVE ROAD TALLAHASSEE FL 62869_078:3 AIC, JOHN BRUNO ANZCO INC 9671 CAROUSEL CIRCLE SOUTH BCCA RATON FL 33434 Congratulations! with this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation, Our professionals and businesses range STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque DEPARTMENT OF BUSINESS AND restaurants,and they keep Florida's economy strong, PROFESSIONAL,REGULATION Every day we work toimprove the way we do business in order C151 0 �SS�I �3; 071181201' to serve you better. For information about our services,please log onto -myflori alicense.cum- There you can find more CERTIFIED GENERAL CO `FACT0R information about our divisions and the regulations that impact .A1{,JOHN BRW you,subscribe to department newsletters and learn more about AN CO INC 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 cerzrlFIEo under the provWons of ch.489 FS, and congratulations on your new licenser r=xF«bn4WO.AUG 31,2018 L1607180000894 DETACH HERE RICK SCOT, GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION C STRU TI N INDUSTRY LICENSING BOARD T N The El`�ERAL 50NTRACTL7R Named below IS CERTIFIED 3 . Under the provisions of Chapter 489 FS_ Expiration date: AUG 31, 2018 ZAK, JOHN B UNO AN COIii 1009 NW 31STAVE POMPANO BEACH,.., 33069 � g ISSUED: 0711812016 DISPLAY AS REQUIRED BY LAWW.. SEo# I_1607t8000oas4 Page 665 of X1675 .......... ............... F- LU Ln LU w W ay d 0 w im I " epi u s 'f�� C14 Lij7-1 G LL .m N � s u 4 Qz " r E f 4 LJ .- IS 1"" Z lzP �5 RZ uiE u 1 _ Ln 3 4-L 22 , F Y 1 7 s x _ LLI S/F u Lu } CL u , u L Y I eCrt'e ®I Page 666 9f1675 pano beach Fforlda's Wamost Wef&ome CITY OF POMPANO BEACH BUSINESS TAX RECEIPT FISCAL 2017- 2018 THIS, T A BILL Business Tax eValid Q October 1, 2017 through Septi , 101 9/ 7/ 17 445108 ANIZCO INC ZAK,JOHN 9671 CAROUSEL CIRCtE SOUTH BOCA RATON Ff., 33434 THIS IS YOUR BI_TSl`KSTJAX RECEIPT. L EASE POST IIS A CONSFICUOUSPLACt AT TM, , ROSINESS LQCAT101�1. BUSINESS OWNER, Z INC BUSINESS LOCATION- 1009 NW 31 AV POMPANO BEACH FL RECEIPTNO: CLASSIFICATION 18-00076667 CONTRACTOR GENERAL(GQ OTIC A NI-,- PLI ATON I RUST Bu TLEF3 it illR I SS IaAn SRI lZA t:S I cIIAN�W. Tt S ANC 017 BUSINESS TAX RECEIPT SMALL NOT BEDEENIFDAWAIVER OF ANY PROVISION OPTHE CITY CODE NOR SHALL TI-M ISSUANCE OF A BUSINESS TAS RECEIPT BE.CONSTRUED TO BE A JUDGEMENT OF TI IL;CITY AS TC:THE COMPETENCE OF T$iE APPLICANT TO" Aa TSACT, BUSINESS. Tf N1 MI)OC11 ENT CANNOT RF,.4LT.FRED- BUSINESS TAX RECEIPTS EXPIRE SE PTETMIBER 30' OF EACH YEAR Page 667 J-1675 ANNE M. GANNON P_o_BOX 3353,'west Palm Beach,`EL 33402-3353 �LOCAT b T— CflidST1gt T10—NAC'rt4X CDLLE-cT[a www-pbotax-corn Te-l:(56$)3552264 5eraing Palm Burch Goon 9611 CAROUSEL CIR Serving ou. BOCA RAT, FL 33434-3926 TYPE OF BUS INEss OWNER GFIRMFIGAT;s M V RECEIPT VDATE PAM AMT PR€D zi�LL 9k 2.3-0t151GENERAL CONTRACTOR ZAKJOHN 8 `:GCYEIB€7�i'�. �3f7.51-1261-a9i211I37 �27.�£1... E�t11�SOS58 This document is valid only when receipted by the Tax Collecter s.0flice. STATE OF FLORIDA PALM BEACH COUNTY P2-953$ 2017/2018 LOCAL BUSINESS TAX RECEIPT zoo o o LBTR Number: 201 332 9 loo EXPIRES:NC E 3 2018 X67'1 CAROUSEL CIF BOCA RATON,FL 33434-3926 This receipt grants[be privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be caped to the view of the public- Page 668 of 75 o 611512018 Detail by Entity Name w'vorg S07 [PP-MA mmls / c asci Re_t}Et i / Del&€!By 3 i nt-;-Numnbe-f- Detail by 1 Entity Florida Profit Corporation ANZCO, INC. F€linc3 Information Document Number P07000004148 FEI/EIN Number 20-8208440 Date Filed 01/09/2007 State FL Stews ACTIVE Principal Address 9671 CAROUSEL CIRCLE SOUTH BOCA RATON, FL 33434 aftg Address 9671 CAROUSEL CIRCLE SOUTH BOCA RATON, FL 33434 Rqgistered Agant Name&Addrp ss ZAK, JOHN B 9671 CAROUSEL CIRCLE SOUTH BOCA RATON, FL 33434 Offficer/Clirector detail Name&Address Title P ZAK, JOHN B 9671 CAROUSEL CIRCLE SOUTH OCA RATON, FL 33434 Title VP ZAK, CAROL L 9671 CAROUSEL CIRCLE SOUTH BOCA RATON, FL 33434 Title S ZAK, CAROL L 9671 CAROUSEL CIRCLE SOUTH BOCA RATON. 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" m w mvm m a d 0a" �y eu p> ° '- mvmm cc m a o o 0 aaNmo 0 oo 0 m mUma-m00ci(D ma-maU0ci0- a d Y N N tl m a" N } ? U a O aii,7 y0. U c c m c m ^ra d- M1r' `Lt3 Nw bbams O n_D rd tCm ® iUmSJ3 Q.�O m Nm h.Eo};, NT tUCaoJ31 tW�ocn.o vN nUoo co c UZ5CcNTdt7 m 0 V7 0 zma`1 1t tmyOa3 F vs OaffiL O(.4 } n u'in: pM Od 0 C© u CZ �� Fz U 0� a a EN OO Nh N® CJ r aOuJ COCY 7 N N 2 to N U N m' N ro a 'd a 3c C 3` � aY c3 cam m� cud . "� a o N �`N d 93 m < u7 F a [ v E N z3 N Y 3 ro a m u c m €,.U� p;m c c a a " m m me�.}�?❑4r�55 C] a n u N in Cm tz a . amo :_ amtwn . 7o d m 0 N co a d Y a y C) EBV oZm ax N 43a v + a .a a a a CT �p n-m i m N SO N vA d'. U h3 6J V 0'a N qEQ o ?, 4n ff} 0 to ' vC9{3 u_C7V<L-tFad©a Vta. USCI ev7 FOtnmC7t5M3:coUt?0r.-LC3tvp..�'�C3rnn�iC� mboT My u7 tun m mem- NM V trsmnmrasbr ® NM nrmm�mrnb � NM rutin€-a3 oxo NMv N N N N N N N N N N M M G O Q O O b C5 b N N N N N <O---m'-as T - - i Page 675 of 1675 a 0� ,Qo 0 �15 0 0 C, E W C> cl 9 7 c? '2 c? a, 2m Lo u) LO LO 13 Il L-L LL. LL I N u) i2 M c NaH m N E2 c—,T c) 0 0 m b a c, 0cl- > o X & iy > 6 T > E2 D D3< w m[L cRv L)m m a j® 61 > ='D -o•w v) (o civ m=00 ca L)0 CL L2�2�2�2 Page 676 of 2&75 REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-18/IT PROPOSER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFQ Title: PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ Number: 018-2821-181I7 RFQ Received By: JUNE 18, 2018, NO LATER THAN 2:30 P.W RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date and time is scheduled for: JUNE-18, 2018, NO LATER THAN 2.30P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFQ shall conform to applicable sections of the charter and codes of the City. Name of Company: 4A1 Z C�a --,V Federal I.D. Number: <5 zw 6 A Corporation of the State of: 4 Area Code- . I Telephone Number: 3(002- Area Code: (?T4 FAX Number: 4— Mailing Address-, q(e-71_ C44Ckj&&.e_ Cie-cx-& ,Aoj City/State/Zip: BOCA F::V—- 3 3 4-4 4L E-mail Address: J 244&4_4j_zwM­c--cor Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. FZFQ No. 018-2821-181I7 Page 22 of 40 �00229244.2 306-900[92f 22 Page 677 of 1675 ADD E INDA CITY OFBOYNTONBEACH FLORIDA RF{) TITLE: ^PRE-[]UAUF|C8T|OWOFCONTRACTORS FOR MINOR CONSTRUCTION SERVICES" RF[) NO.: 018-2821-18/IT DATE SUBMITTED: co ICE, We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beanh, in the Contract Form, to furnish all material, rneona of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OFBDYNT[}NBEACH we propose to perform the work of this Project according to the Contract documents and the fn||mxving addenda which we have received: ADDENDUM DATE ADDENDUM [ATE W/NOADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE nO BESUBMITTED FOR PROPOSAL TL> BECONSIDERED COMPLETE AND ACCEPTABLE. RFQmm.U18'282140|TPo-o 23of40 /002mz*z/o^*mmo23 Page 678Of1675 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested inthe following schedule ofinformation. This data must beincluded inand made part ofeach RF(3document. Failure hzcomply with this instruction may beregarded eGjustification for rejecting the F<FOresponse. ~ attach additional sheets giving the information 1Name ofQualifier: 'R7 2 Buo[ngasAddnsGs� ~ .qtj� Ar. A4 4a 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in business under the present firm name? 6. General character ofwork performed byyour company. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number ofemployees. / Q. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, ifapplicable. 11. Have you ever defaulted Vnacontract? |fso, where and vvhy?° AJO THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ|No.O18-2821'18/1TPage 24of40 �wcz,zw.,,o^'mmx,/ 24 P Qe 679Of1675 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone# 13. Contracts on hand. W `7`7 l 14. Largest completed projects (include final cost). 1) s _% t . 2) X00 3) / _(e_3!!E}000' 00 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: 1) arose from performance: AAbAJ& 2) occurred within the last 4 years: 3) provide case number and style: Dated at: this ® day of 0<jAa 2016 ( rlten signature) Name: printed or typed) Title: nirf'ieq., ROSEMARY IHOADLEY k Notary Public-State of F{orica p _ Commission#GG 12450/ MYComm Expdres Jul 16,2p21 €tondedkhrougfiNationalNotaryksn. THIS PAGE TO BE SUBMITTED FOR PROPOSAL To BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-1 WIT Page 25 of 40 l00229244 2 306-90019211 25 Page 680 of 1675 lAM OF FIRM Company Dame Address: Contact Name: Phone Fax: E-Mail: w�r.�.Sro. �.�z's� "kv,�.,t,�'atm rrx� '<, Y>v�y � k k.it z';r�kf12u# *utxi.-�sf j.� '* �'a's6i'"rk#a' �t company dame; I' a r /Ro e :,A Address: 6 Contact Name: -r- Phone: Fax: E-Mail: RA4W " ` a 7- ""+•,, Ompany l large.' m B Address: Contact lame: a Phone: Fax: E-Mail: Company dame: Address: d Contact Name. Phone: Fax: -Mail THIS PAGE To BE SUBMITTED POR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. R FQ No.018-2$21-1 811T Page 2£e of 40 (00229344.23W,90018211 26 Page 681 of 1675 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH 1, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME IGNATUREE Sworn and subscribed before me this /4L day of 20 6e) Printed Information: NAME --- TITLE NOTARY PUBLIC, State of Florida at Large 44jZC­0 _Z7AK COMPANY R05EMARY I HOAD11EY Notary Public-stajejf rlmidj Comrn3ssion 0 GC5 12450/ My Comm.Expires Jul 16,2021 uwded through NaUonjl Notary Assn, "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-1 WIT Page 27 of 40 {00229244,2 306-91)618211 27 Page 682 of 1675 NON COLLUSION AFFIDAVIT State of County . beinq first duly sworn, deposes and says that: �\ He/Shei ���u ^ �� u ^ or the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFQ No. 018-2821-18/IT for PRE-QUAL8F|CATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES 2) He/She isfully informed respecting the preparation and contents ofthe attached submittal and of all pertinent circumstances respecting such submittal; 3\ Said RFQ is genuine and is not e collusive or sham RFQ; 4) Further' the said qualifier nor any of its nfMcera, partners, n\mmena, agento, mepresentaUves, employees or parties in |nbom*s1, including this offianƒ, has in any way oo|ymded, conspired, connived or agreed, directly or indirectly with any other qua|ifimr, firm or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RF(] has been submitted or to refrain from bidding in connection with such Contnao1, or has in any manner, directly or indinant|y, nought by agreement orcollusion orcommunications orconference with any other qua|ifier, firm nrperson tofix the price or prices in the attached RFQ nrofany other qoa|ifier, or to fix any overhead' profit or coot element of the RFQ price or the RFQ price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5\ The price or prices quoted in the attached hid are fair and proper and are not tainted by any oo/|usion, conspinaoy, connivance or unlawful agreement on the part of the qualifier or any of its agents, napnaoen1otivoo, owners, employees, parties in in re.-,t, including this affiant. Subscribed and sworn to before me � This day of . 20Commission#GG 124 507 My commission expires ` My Comm,Expires Jul 16,2021 Banded�hm THIS PAGE TO BESUBMITTED FOR PROPOSAL nOB8CONSIDERED COMPLETE AND ACCEPTABLE. FZFQNo.018-%821'181ITPage 20nf40 /oC)229244230+900M/j 28 Page 683 Of 1675 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? Yes No If Yes, please indicate by an "X" in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-1811T Page 29 of 40 100229244 2 306-9001F,-71 29 Page 684 of 1675 Col > 14 u ar al Q > J ::� > ad u PR PTA E ftft 0004 0 110 00 r--4 > 0 u a) rot PM4 FMMM CJ M y CIO U 0 4MO Qlz -4, 0 '** rl LM 421 0 Sw Z C Page 685 of 1675 CONFIRMATION OFDRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals vvhjuh are equal with respect to prioe, qua|ity, and service one received by the City of Boynton Beach or by any political subdivision for the procurement ofCornmmVd�ior contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Proposers have adrug- free workplace program. |norder tuhave adrug-free workplace program, abusiness shall: 1) Publish g statement notifying employees that the unlawful manufacture, diskibution, dispensing, poosess|on, or use of controlled substance is prohibited in the workplace and specifying the actions that will betaken against employees for violations ofsuch prohibition, 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free xvorkp|ane, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. J) Give each employee engaged in providing the commodities or contractual services that are under submittal ecopy ofthe statement specified insubsection (1) 4) In the statement specified in subsection(1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program ifsuch |savailable inthe employee's community by, any employee who iesoconvicted. 8) 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, [ certify that this firm complies fully with the above requirements. ori C� irig*iAuthorized CompXany Officer THIS PAGE TO BESUBMITTED FOR PROPOSAL nO8E CONSIDERED COMPLETE AND ACCEPTABLE. RFQNo.n18-2821488TPage 30o[40 30 Page 686Of1675 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and louver tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR DAMP Title: ' v— Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ Na.018-2829-1811TPage 31 of 40 100279244.2306-90018211 31 Page 687 of 1675 CITY OF BOYON BEACH LOCAL BUSINESS STATUS CERTIFICATION 7_6 - lax -, the of (Name of officer of company) (Title of officer of company) A'QZC_0 zve, Jocatedat (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. --OV4 1. Is the business located within the City limits YES NQ V Number of Years: of Boynton Beach, Florida? 2. Does the business have a business -tax -YES _NQ_ Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES o 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, 1 also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: E] Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE, RFQ No.0'18-2821-1811T Page 32 of 40 JU02242442106-'X)0152ij 32 Page 688 of 1675 REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQNo.- 018-2511-18/IT SCHEDULE OF SUB-CONSULTANTS The undersigned Respondent proposes the following major subcontractors for the major areas of work for the Project. The Respondent is further notified that all sub-contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-contractors,it required.If not ap or if no-subconsultants will be used in the Derformance of this Work, rplicable across the form. lease nand date the from and write"Not-Applicable".or"NONE" Name of-Sub-Consultant Address of Sub-Consultant License No.: Contract Percentage I AmountI%)of Contract o Signa . ...... r 11. f2 Date: Z> Title/Company ?a-&s N Owner reserves the right to reject any sub contractor who has previously failed in the proper performance of an award,or failed to deliver on time contracts in a similar nature,or who is not responsible(financial capability,lack of resources,etc_)to per-form under this award.Owner reserves the right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE, RFQ No.018-2821-1 B1IT Page 33 ol'40 VXu­PN 12 306-9011M[} 33 Page 689 of 1675 Subcontractors Information Company Name License No� Address Phone No. Adams Electric Inc. EC13002607 635 SW I Ave, 954.463.0292 Fort Lauderdale, FL 33301 Murphy painting 12-PU-18045-X 8510 NW 79th Street, 954.718.1-420 Tamarac, FL 33321 Gomez Roofing CCC033707 10115 NW 31st Ave, 954.974.4848 Pompano Beach, FL Fax:954.974.4148 33069 Infinity Plumbing CFC1426232 1830 SW 64th 954.979.6067 Terrace, North Lauderdale, FL 33068 Page 690 of 1675 • KAmIk MkIlk E E d ePUD11C CONSTRUCTION CORP City of Boynton Beach 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 Welcome to Republic Construction Corp., where clients come first. Our client services commitment begins on the day we meet and continues long after your project is completed. Our client's come first during the planning, execution, occupancy and project closeout. Republic Construction has surpassed 23 years of success in South Florida's competitive building industry. With 13 staff members including key staff- Senior Project Manager, Superintendents, Project Managers. Republic Construction understands the scope of work to be performed, the commitment to perform the work within the anticipated time frame. At Republic Construction, we believe our role on the project team is the most important to ensure project delivery on time and within your budget. We work in harmony with the client, design team and trades to aggressively solve project issues, maintain the project budget and stay on schedule. It is our commitment to each client to aggressively manage every project through communication, attention to detail and taking responsibility for the entire project. With this said we are requesting for The City of Boynton Beach to consider our petition to pre-qualify our company. We look forward to working with you in the near future. Should you have any questions or need further information please feel free to contact me directly at 561-900-2487 ext 104. Best Regards, Steven Neubarth President Republic Construction Corp 601 N Congress Ave.,Suite 437 1 Delray Beach, FL 334451 Phone (561) 900-2487 ( Fax (561) 634-2806 www.republigconstructioncorp.com I email: info@republiconstructioncorp.com Page 691 of 1675 10 Republic CONSTRUCTION CORP Commercial Equestrian Municipality/Government Medical/Dental _ M, �t thi 4 Residential Restaurant/Hospitality C , y t� t 8 t , t� r Page 692 of 1675 Surpassing 23 years of success in South Florida's com- petitive building industry is testimony to Republic Con- struction Corp's reputation for quality construction and competitive pricing. Based in South Florida, Republic Con- struction Corp. is a full-service construction firm who has succeeded in building over a $60 million portfolio of pro- jects from both the private and public sector markets. Re- public Construction Corp's history reflects controlled growth, technical adeptness, fiscally sound cost estimat- ing and an uncompromised commitment to lasting client relationships. A general contracting firm's success is measured in many ways. Republic Construction Corp. is pleased to have its success measured through our years of experience on a myriad of projects for both municipal agencies and pri- vate client's throughout south Florida. Currently Republic Construction Corp. has an extensive portfolio that includes work in Education, Healthcare, Government/Municipal, Country Clubs, Office, Retail, Recreation, and Luxury Resi- dential market sectors. Our People Make the Difference Believing that people are an organization's greatest strength, Republic Construction Corp. offers its clients a full -service team of project managers, tradesmen, adminis- trative and senior management. Resumes for our key staff members are available upon request. t IIllr } The St.Andrews Club Gymnasium&Golf Cart Storage Delray Beach Page 694 of 1675 Team Players Everybody talks about it, but how many general contractors (*Mo) really have a reputation as a TEAM PLAYER? We do more than talk. At Republic Construction Corp.,we place as Ci much emphasis on our responsibilities to the rest of the pro- ject team as we do on our own bottom line. We believe every team member's success is the result of top perfor- mance by the entire team. It is a simple philosophy and if we all subscribe to it...we are all winners! Committed to Results A history of service to public agencies, private clients and the development and design community, coupled with a r commitment to providing the highest level of quality service, cost sensitive estimating and knowledge,sets Republic Con- struction Corp. apart from the competition. Ci LWTJ "Republic's ability to be competitive while delivering superior service and construction sets a high standard for others to corn- pete." Victor Majtenyi City of Delray Beach Transparency Republic Construction Corp. has found a better way to build.We have developed a standardized way to organize and run projects. It starts with communication and complete transparency. We have designed and implemented a re- porting and full disclosure based project approach.Through our investment in ever changing technology, we are able to quickly communicate and manage work flow without typi- cal project delays. We manage each project with a seamless approach based upon real time communication and issue management. We are completely transparent in all aspects of information on your project. Page 695 of 1675 As a general contracting firm, our mission is always evolving ng to meet the ever changing needs of our clients and their projects with integrity, honesty and reliability. What is constant about our mission is our commitment to serve as an integral part of the project team. We work with the Owner, Archi- tect, Engineer and other team members to present creative build- ing alternatives and cost effective solutions which add value to the project's bottom line and ultimate success. Republic Construction Corp's primary mission to serve as a key com- ponent to the project team is accomplished by employing state of the art communication technology, construction techniques, pro- tect management and qualified personnel. "Open communication and a common objec- tive for all team members are at the forefront of any project's success. Republic Construction Corp. takes pride in subscribing to these ideals in our project delivery approach." Steven Neuharth �•� '`'�'�`'` { President f mom A i x � sG 3 r Clubhouse at National Croquet Sterling Bank r F, Center Page 696 of 1675 Every Republic Construction Corp. project begins with a commitment to excellence. This commitment is the same whether the contract is initiated through negotiations, Design Build or competitively bid. We welcome the opportunity to negotiate with an owner in the planning stage as we be- lieve this approach ensures the owner the most fair and equitable project value. In a negotiated contract arrangement, Republic Construction Corp's books and estimated costs are open and available for the Own- er's review. The negotiated contract assigns a single point of responsibility for quality, cost control, and scheduling which requires a team approach. Trust in a contractor comes with history between the owner, design team and contractor. Republic Construction Corp. is committed to do whatev- er it takes to build lasting relationships,focusing on the future and a nego- tiated contractual arrangement. Construction management at risk has become a typical contract ap- proach for public agencies. Republic Construction Corp's project team offers decades of construction management experience . As with negoti- ated contracts, books are open to the client and the relationship beImt - tween the contractor and design team is initiated at the project's con- ception. There are several advantages to the client in this approach in- It cluding a guaranteed maximum price prior to the start of construction and a fast tracked project schedule. These advantages are accom- plished through value engineering, building systems review and securing subcontractor input and pricing through the design phase to ensure the most economical construction approach for the project. - y$ N �r as In addition to negotiated and construction management contracts, Re- public Construction Corp. has also completed its share of competitive bid assignments. Republic Construction Corp. has, at times,secured more than 50%of the bid contracts pursued. We know and understand the bidding process and have two veteran estimators on staff to assist with the associated challenges. The downside to competitive bidding, from the owner's perspective, are the variables between the low and high bid; typically variables of major consequence. Taking the risks and variables into consideration, before awarding a low bid, can often save the Owner time and money in the form of change orders and schedule delays. So, while we prefer to negotiate, Republic Construction Corp's bidding suc- cesses on public and private projects have earned us a reputation as a competitive and highly competent general contracting firm. Page 697 of 1675 United States Croquet Association Headquarters Size: , 21,000 square feet Location: West Palm Beach, FL � Services: General Contractor Owner: IRWIN United States Croquet Association ---J iq Contract Method: Negotiated - ,� t 4. Overview: _ - - x, This$4.5 million, 21,000 square foot facility and the largest croquet center in the world,serves as the headquarters - --for the United States Croquet Association. Situated on a 10-acre site, this two story complex includes a museum, archive room, pro shop, meeting rooms, men's and women's locker rooms, kitchen facilities, and banquet accommodations. Featuring a club lounge and indoor and veranda dining for up to 200 guests. t= Jt RFs. v Page 698 of 1675 America's Largest Pet Pharmacy r i! Size: i 72,00Osquare feet Location: Delray Beach, Fl Services: " General Contractor Owner: 1-800-PetMeds Contract Method: I' 4 Grand Prix Village South—Lot 14 Size: 20,000 square feetIN Location: Wellington, FL Services: r � y General Contractor Owner: Private client Overview: M Ground up construction of a k� spec stable/home in Welling- F eE. ton's newest equestrian commu- �t nity. Project includes 20 horse fk �aw stalls in addition to a 2,500 SF liv 4 ti,# ing area on the second floor PROJECT VALUE: $4.5 million SERVICES: General Contracting 2 o Page 700 of 1675 Fire Station No. 7, Boca Raton Size: 8,000 square feet Location: Boca Raton, FL r Services: General Contractor F' 1$ Owner: City of Boca Raton, Fire Rescue Services Overview: The station is the first to be released under the Citye"i of Boca Raton's$17 million Fire Rescue Bond Refer- endum The 8,000 s.f.,three-bay fire rescue facility is located on a 1 acre site at Jog Road and Yamato Road. Designed in a Florida vernacular with a �' ��;,,' metal roof and stucco fagade,the building pro gram includes administrative offices, kitchen and ti4 laundry,a day room, physical training area,indi- vidual sleeping quarters for eight and an officer's suite. PROJECT VALUE: $1.5 million COMPLETION DURATION: 280 Days SERVICES: General Contracting Page 701 of 1675 Franchise and National Brand Construction ' Republic Construction Corp. has completed numerous free standing and interior improvements for several franchises. Wehave worked with both the franchisee and franchisor. We un- derstand the importance of the schedules when it comes to kyr franchisees. We are true team players when it comes to coor- dinating the furniture and fixtures installations. We also help franchisees understand the permitting, construction and in- spection processes. Many times the franchisees do not fully understand this process and we are sensitive to this dilemma which faces many franchise projects. We have a track record of proven success when it comes to franchise interiors and construction Our list of Franchise Clients include: ,, Jamba Juice, Florida Locations Auto Nation, Boynton Beach,FL �I I Hop,Jupiter,FL I Hop,Sebring,FL H&R Block,Several Florida Locations Liberty Tax,Several Florida Locations " Jared Jewelers,Boynton Beach,Orlando Polio Campero Boynton Beach Subway, Naples, Orlando, Palm Beach ' Broward. ' a Bed Bath&Beyond, Interior Build Out , t yy - }( Walgreens Pharmacy Renovations V tg Ben&Jerry's, Delray Beach, Fort Meyers more... .ri Page 702 of 1675 Office/Tenant Improvements �` ,4J4�'i' af4, Tenant Improvements '��� � � A � 1VH Republic Construction Corp. has completed numerous of- # s a5 fice and medical tenant improvements. With our experi- i u���"ta�., ," 4�,4 Mc, ence and in-depth knowledge of business interiors,we are 3.1 able to perform office interiors efficiently and cost effec- tively. Since we self perform various portions of the overall scope, we are able to be competitively priced and main- tain complete project controls. a 661 1�tivi � Having completed over 2 million square feet of interiors,we S^ have a proven track record of success. Our list of Tenant spaces includes: ' ". Rosenblume Financial Offices Mario's market Keats and Connelly Offices Primerica Insurance World Gym at Delray Square II Size: 35,000 square feet Location: Delray Beach, FL Services: General Contractor Owner: World Gym i Contract Method: Negotiated Overview: �7 � Renovations to this 35,000 square foot, $1.2 million retail space to accommodate the program needs of this fitness club. The space now encompasses a large workout room, restrooms, locker areas for men and women and administrative offices. Republic Construction Corp. has completed over$4 mil- lion in tenant improvements for this developer including a ;. restaurant, three H&R Block offices, offices for the Social Security Administration, the Departments of Juvenile Jus- tice and Labor, Mado's Market, Jordan's Bridge Club, In- surewise, Subway, and more. u1 S.E. w 'f� Page 704 of 1675 110 East Atlantic Avenue Building Size: 40,000 square feet , , � k F + x u Location: Delray Beach, FL 4�f < � � l Services: General Contractor Owner: GRIP Development Contract Method: f«: h: General Contractor Overview: Located on East Atlantic Avenue, this 40,000 square foot office } building was originally constructed in the mid 1970s. Aban- doned and in disrepair for nearly a decade, Republic Con- struction Corp. was contracted to provide extensive exterior renovations and first floor interior construction. The building was one of the first commercial renovation projects completed dur- ing Delray Beach's downtown urban renewal. + — S S J�k ir r § �s. Page 705 of 1675 Municipal Experience Summary City of West Palm Beach Chillingworth Park Fogelman Park Nathaniel Adams Park City of Delray Beach Veterans's Park Merritt Park Delray Beach Tennis Center, Phase II Lakeview Golf Club Restroom s Pine Grove Park -� Police Evidence Building Lunchroom at Parks & Rec. Dept. City Attorney Record Storage City of Boca Raton Fire Rescue Modular Bldg. a �'`� ? Central Area Service Center Marine Safety Storage Bldg. Fire Station #7t 'A Fire Station #3 Palm Beach CountyMIM Okeeheelee Parks Facility Fire Station 41 Property Appraiser 1 st &5th Floors Governmental Building, 1st Floor Governmental Building,2nd Floor Property Appraiser Office, 12th Floor City of Boynton Beach Ezell Hester Community Center Police Substation Improvements s �f Others 1 Lantana Recreation Center Children's Services Council Office SWA Transformer Building Greenacres Public Safety Complex EDUCATIONAL Palm Beach Community College ADA Improvements Spanish River High School for PBC School District Woodlands Middle School for PBC School District Jefferson Davis Middle School for PBC School District South Tech Waste Water Improvements Page 706 of 1675 r f Thank you for the opportunity We look forward to building a successful relaiit hi" Y t K. � #x 3 it y r 1 i t N N # i, 3 T ar iz'! S trf ?R � 3 r 1 z a -Ile to s cw J ;¢Y S�Z( 11('i}����ffit� t CONSTRUCTION CORP ,A11 l 601 N Congress Avenue,Ste 437" q*"Iray Beach,FL 3384 sr Phone: 561-900 24$7',, Fax"�56 634 Email:chase@republi.dons to:7ioh:0 WWW.republicconstructi0 CO, rcom VL Page'707of 1675= Vishnuvardhan Billa 2255 Spring Harbor Dr. #R vishnuvardhan.billa@gmail.com Delray Beach,FL. (321)-405-7356 Summary Project engineer with broad experience in management and engineering fields of construction. Skilled in scheduling, estimating and modernized project administration by use of vocational software tools. Administrative professional with Masters in civil engineering and specialization in construction management including cognizance over governing multiple projects. Education Florida Institute of Technology,Melbourne,FL. Dec 2016 Masters in Civil engineering GPA 3.5 with specialization in Construction management National Institute of Technology,Raipur,India. May 2013 Bachelors of science in Civil engineering. GPA 3.8 Technical Const. Management—Primavera,Prolog, Foundation, Raken Scheduling—MS project, Excel Skills Estimation—Plan swift, On-screen takeoff, Sage,Bluebeam Design—Revit, AutoCAD, Staad Pro Certificates OSHA 30 Hour Certified,Construction Manager In- Training. Experience Republic Construction Corp—Project Engineer Delray Beach,FL Sep 2017 -Present Contact: Email:steven&republiccmistructioncorp.com Ph: 561-900-2487 • Projects: Kreusler Park, Gulfstream Town hail addition, Village Commons, JFK Medical center • Resource Management, Develop and Monitor Project Framework,Analyzing shop drawings, Handling construction documents. • Scheduling, sub-contracting and eliminating project delays by evaluating float variation. • Coordinating with superintendent and resolving conflicting field conditions on the project. • Organize progress meetings and assist project manager in updating the owner. Republic Construction Corp-Estimator Delray Beach,FL Feb-Aug 2017 Contact—Email: steven(a)republicconstructioncorp.com Ph: 561-900-2487 • Projects: MOD Pizza, SBDD Maintenance building,New Mount Olive Church, Lake park. • Perform quantity takeoffs and verify bid proposals to resolve high cost variances. • hlvestigate construction site and budget for general conditions. • Communicate with Architect/Engineers on any plan and specification discrepancies. • Gather all bid docs required for successful completion of the bidding process. IJM Infrastructure Ltd.—Management Intern,Vijayawada,India. May—Aug 2012 Contact—Email: cggan(Wiim.com Ph: +9140 2311 4661 • Perform cost estimation for concrete, rebar and earthwork for various structures on the project. • Assist in scheduling of project and studied application of agile management. • Monitor work progress with the guidance of superintendent on job. • Present the work augmentation and cost escalation to the owners GMR Infrastructure Ltd.—Engineering Intern,Hyderabad,India. May—July 2011 Contact—Email: prasad()gmrgroup.com Ph:+91 114719 7001 • Collaborate with lead estimator on quantity take offs and obtain job site data. • Survey the site for the layout and levelling process. • Train in contract administration and project data documentation. • Study safety requirement processes and analyze work conditions. Page 708 of 1675 Melbourne City Hall Project—Project Lead,FIT Melbourne,USA Sep—Dec 2016 Academic . Estimated the Melbourne city hall building with sidewalks and curbs using RS Means. Projects . Worked on MS project for cost allocation and analysis for the project work. • Prepared a CPM scheduling and the network diagram for the project using MS Project. • Plotted S curve for analyzing the cost variance for each month. • A proposal bid has been prepared with specific safety plan. Kinberg Office Building Project—Teammate,FIT Melbourne,USA Sep—Dec 2015 • Estimated all the CSI components of the building with reference to RS means. • Prepared a bid proposal for the project using the lump sum contract technique. • Won I"place in the competition for preparing and presenting the bid for the project. Florida Tech Car Parking System Project—Teammate,FIT Melbourne,USA Sep—Dec 2015 • Performed feasibility analysis for the advanced car parking system. • Designed a car parking model using AutoCAD and worked on its Work breakdown structure. • Achieved the objective of completing the project within budget of I00k in 20 weeks using critical path method. RCC Structural Element and Isolator Design—Project Head,NIT Raipur,India Jan—May 2013 • Used Staad Pro and visual basic to develop a software to analyze the stresses in the elements. • Designed a seismic base isolator system for earthquake resistance of the structure. • Proved the use of LLRB for withstanding of seismic waves according to ISC. Honors • Winner of AUTOCON- inter college AutoCAD competition. • Winner of inter college volleyball championship for year 2010—2014. Activities • Indian Student Association ISA Sanskriti. • American Society of Civil engineers(ASCE). Page 709 of 1675 Brock Belcher Project Manager Lake Park, FL brockbelcherconstructionp3Jf7@indeedemail.com-561-723-3644 Willing to relocate:Anywhere WORK EXPERIENCE Project Manager Bainbridge Construction - Wellington, FL - 2014-09-2017-05 Project Manager for Multi-Family Apartment Projects $27 M Bainbridge Brandon-254 Units, Brandon, FL $35 M Bainbridge Coral Springs-250 Units,Coral Springs, FL $24 M Bainbridge Brandon II-194 Units, Brandon, FL Construction Manager Equity Residential-Archstone - Fort Lauderdale, FL - 2012-03-2014-09 Owner's Representative for two Multifamily Garden Style Apartment Complexes $24 M Park Aire-268 Units, Royal Palm Beach, FL $13 M Oasis-142 Units, Delray Beach, FL Project Manager Reynolds, Inc - Jacksonville, FL - 2009-10-2012-02 Responsible for Structural and Architectural Subcontractor Management. Also included self-performed Mechanical&Civil work. $50 M Hood Rd.Water Treatment Facility Reverse Osmosis Plant, Seacoast Utilities, Palm Beach Gardens, FL. $15 M Lake Worth Water Treatment Reverse Osmosis Plant. City of Lake Worth, FL. Assistant Project Manger Pavarini Construction SE - Fort Lauderdale, FL - 2007-10-2009-09 Responsible for all activities from GMP preparation to project closeout. $8 M, Roosevelt Middle School Classroom Addition, School District of Palm Beach County. 16 Classroom addition and associated site improvements. Project Engineer II WeitzGolf International - North Palm Beach, FL - 2006-04-2007-08 Responsible for contractors and all activities on site for Addison Reserve Club, Spa and Fitness facility, $5 million addition and renovation. High-end finishes for a very involved client. Buyout, scheduling, CO's,submittals, RFI's, meeting minutes. Maintain budgets, process invoices,and control overhead costs. Project Manager Willis A.Smith Construction - Sarasota, FL - 2003-05-2006-03 Responsible for all activities from GMP preparation to Owner Training. Construction of: Page 710 of 1675 $12 M, Prine Elementary Replacement School, Promoted to PM. $750K, Prine Elementary School 4 pack classroom addition. $250K, Manatee County School Board's Central Building Generator Replacement. $150K, Manatee County School Board Portable Relocations. $100K, Sarasota County School Board Portable Relocations. $100K, Manatee County School Board's Central Building Renovations. Began$10 mill Oak Park School's HVAC Renovations in Nov.2005. EDUCATION University of Florida-School of Building Construction 2003 AWARDS Bainbridge Construction MVP 2017 2016-12 Reynolds Inc. Buyout MVP 2011-12 Page 711 of 1675 LORI A. STEELE 1821 Barnstable Road Wellington, Fl. 33414 Cell: 561-670-8324 Email: LORISTEELE52(agOL.COM POSITION: Construction Superintendent EDUCATION: Purdue University 1979 B.S. Building Construction and Contracting 1977 A.A.S. Architectural Technology WORK EXPERIENCE 2012-Present GSD Contracting, LLC., Ft. Lauderdale, FI. —Superintendent • Regus Rental Offices-22,000 sf buildout-Galleria Mall, Ft. Lauderdale, FI. • Plantation Ford-$4 mil. Addition and renovation-Plantation, FI. • Tropical Chevrolet-Remodel and Addition-Miami Shores, FI. • Chase Bank Corporate Office-Brickell- Miami, Fl. • PNC Bank- New Building-Plantation, Fl. 2011-2012 Intertech Construction Company, Hollywood, Fl.—Superintendent • Shakey's Pizza Parlor-6500 SF new restaurant—Homestead, FI. • Wolfgang Puc's Restaurant demolition/California Pizza Kitchen-Sawgrass Mills—Sunrise, Fl. 2006-2011 Storetech, Inc. Delray Beach, FI.—Superintendent • Camper Shoe Store and Paul and Shark Clothing.-Aventura Mall, -Aventura, FI. • Lanvin of Paris—Rodeo Drive, Beverly Hills, Ca. • Naples Caf6 at Vanderbilt Beach,-Naples, FI. • Lanvin of Paris,and Santa Fe Caf6 addition-The Bal Harbour Shops, -Bal Harbour, FI. • La Martina Argentine Polo Clothing—The Forum Shops at Caesars Palace,- Las Vegas, NV. • Pembroke Commons-Renovated Circuit City into retail stores-Pembroke Pines, Fl. • Lefty's Tavern-5000 SF new restaurant-Coral Springs, Fl. • Sushi Hibachi—6000 SF new restaurant-Coral Springs, Fl. • Red Ginger Asian Restaurant- new restaurant-Coral Springs, FI. • Shanes Rib Shack-new restaurant-Coral Springs, FI. • Cold Stone Creamery-Coral Springs, Fl. • Dale and Thomas Popcorn store, Duca Duchesa Clothing and Sir Menswear-Downtown At The Gardens,- Palm Beach Gardens, Fl. Page 712 of 1675 2005-2006 Taycon Construction Management, Inc. Palm Beach Gardens, FI.-General Supt. • The Benjamin School- New 350 Seat Music Auditorium, Business Office and classroom renovations-North Palm Beach, FI. • The Hemingway-8 Townhomes-West Palm Beach, Fl. • Assisted Living Facility/Dr. Office/Pharmacy-Datura& Rosemary-West Palm Beach, Fl. 2001-2005 RCC Associates, Inc. Deerfield Beach, Fl. -Superintendent • Advanced Aesthetics Institute(Anushka's Spa), Palm Beach Gardens, FI. • Steven Ross Residence-(Miami Dolphins Owner/CEO Related Companies)-Palm Beach, FI. • Tommy Hilfiger Retail Stores-City Place West Palm Beach, Palm Beach Gardens,&Wellington, Fl. • The Cheesecake Factory's- Misc. Interior work- FI. • Cold Stone Creamery's-Boynton Beach &Green Acres, Fl. • Tommy Bahamas Restaurant and Retail-Clematis Street-West Palm Beach, FI. • Misc. Tenant buildouts-Neiman Marcus, Cache, Coach, Hair Color Express, Fl. • B'nai Torah Congregation Auditorium- Boca Raton, FI. 1996-2001 Shakman Construction Company, Boca Raton, Fl.-Superintendent • City Cellar Wine Bar and Grill -City Place, West Palm Beach, Fl. • Ahava,A Nose for Clothes and Next Authentic retail stores-City Place West Palm Beach, FI. • The Monkey Club Nightclub-Clematis Street-West Palm Beach, Fl. • Daleen Technologies-New Cafeteria and 60,000 SF office renovation-Boca Raton, Fl. • NCCI-55,000 SF office build out—Blue Lake Corporate Center(previously IBM complex)—Boca Raton, FI • Cybear Technologies-30,000 SF office build out-Blue Lake Corporate Center-Boca Raton, FI. • Blue Lake Corporate Office-Blue Lake Corporate Center- Boca Raton, A. 1994-1997 Seawood Builders, Inc. Deerfield Beach, FI.—Superintendent • Spanish River Presbyterian School- New 3 Story building -Boca Raton, Fl. • Spanish River Presbyterian Church chapel-New Building-Boca Raton, FI. • Mattress Giant-New Buildings in Boca Raton, FI.And Sunrise, Fl. • Rosenbaum Fine Art Studio- Boca Raton, FI. • Siemens Communications Offices-Misc.tenant improvements-Boca Raton, Fl. 1989-1994 Capitol Construction Group, Inc. Wheeling, Illinois- Project Manager/Superintendent • Barrington Hills Police Department-New office building-Barrington Hills, Illinois • REI Sporting Goods-New Building-Oakbrook,Illinois • Houlihans Restaurant-Oakbrook, Illinois • Town Square Wheaton-New outdoor mall,and Egg Harbor Cafe- Wheaton, Illinois • Northbrook Shopping Plaza-Extensive Facelift-Northbrook,Illinois 1986-1989 The Mellon Stuart Company, Chicago Illinois- Project Engineer • 35 West Wacker Drive(Leo Burnett Advertising Corporate Office-50 Story High Rise)-Responsible for Curtainwall construction and interior Lobby- Chicago,Illinois • Metropolitan Sanitary District-Misc.Wastewater treatment plant projects-Chicago Metropolitan area 1979- 1986 Pora Construction Company, DesPlaines, Ilinois- Project Engineer/Surveyor/Estimator • Northern Illinois University Sports Pavilion-Dekalb,Illinois • Northwestern University Aquatic Center-Evanston,Illinois • Burroughs(Unysis)Corporate Training Center-new 320 unit building-Naperville,Illinois • Reimer and Hamilton Reservoirs (100 Acre Sites)—Palatine, Illinois Page 713 of 1675 Elaine Prezzemolo 954-868-6126 prezzmoPyahoo.com Objective: • To obtain a position in Construction Executive Administration in South Florida utilizing education and my 10+ years in the industry. Professional Skills: • AP/AR/General Ledger/ Payroll/Purchase Orders/Job Cost Accounting • AIA Draws/NTO'S/NOC/Release of Liens/Construction Loan Draws • Contract Administration/Plan Coordination/Negotiation • RFI's/Change Orders • Bid Process/Budgets/Estimates • Manage Subcontractors/Vendor Compliance • Insurance Audits/Human Resources/Personnel Management-Executive Correspondence • Marketing Initiatives • Homeowner Warranty/Quality Assurance • Customer Service/Scheduling Computer Skills: • MS Office, Excel, PowerPoint, QuickBooks, BuildPro, Procore, Internet, Outlook, Email, Office Machines,Adobe, File Conversion Other Skills: • Communication, Multitasking, Prioritizing, Organization, Technical skills, Interpersonal skills, Initiative and problem-solving abilities, Dependability. Project Coordinator January 2010 to April 2018 Paradise Homes Group , Director-Paula O'Brien772-284-3103 • Oversee companies accounting system utilizing QuickBooks Accounting. • Oversee GL accounts,Job Cost Codes, Budgets and Purchase Orders. • Oversee personnel in Accounts Payable and Account Receivable procedures. • Project Coordination between project managers. Liaison between company and clients. • Set up new home job files. Managed NOC's, NTO's, Constructions draws. • Sells the company's products and services which includes home site purchase and custom design home plans. • Manages purchase with client throughout the entire process;engineered drawings, structural, electrical, plumbing and HVAC,sewer and water regulations and inspections. • Coordinates with lenders to facilitate the process for the buyer from contract to close. • Provides marketing support including internet, phone and e-mail follow-up. • Creates features and specifications for each unique client. Keller Williams Realty Referral Network May 2006-Present Broker Associate • Maintained QuickBooks accounting for my Real Estate Business. • Interview clients to determine their precise wants, needs, budgets and geographic limitations. • Prepare and proof read real estate documents,from leases to closing contracts. • Advise clients about mortgage options and help them fill out the requisite paperwork to expedite the home buying process. • Represent landlords who own multiple properties and need to keep a consistent occupation rate. Bookkeeper Project Accounting- January 1998 to May 2006 MVP Construction Company Inc. Reference-Jennifer Gott 954-956-8001 • Maintained in QuickBooks Accounts Payable,Accounts Receivable,GL,Payroll,Job Costing, Purchase Orders, Change orders. • Monthly Bank Reconciliations,Credit Card Reconciliation, 1099's and W-2's. • Coordinated and managed development projects to completion • Produced required GC master contracts, supplemental agreements,and commitment letters obtaining all necessary signatures • Secured bonds and letters of credit by working with municipalities and their Treasury Department • Maintained all audit-required documents, including GC and subcontractor warranties, final waivers, maintenance manuals,certificates of occupancy,as-built drawings,and project draws and change orders • Verified ADA compliance and ensured completion of retainage release checklist prior to releasing GC retainage. Page 714 of 1675 • Generated bids, draws and change orders while handling accounts payable and receivable, using QuickBooks • Supported Construction Development Team in achieving development plan,contributing to annual revenue growth. • Served as subject matter expert on new policies and procedures and communicated to Development team and contractors. • Ensured all due diligence was completed prior to releasing project to break ground. • Devised budgets and oversaw project reconciliation and receipt invoices. • Managed sourcing and site plans to achieve deliverables against milestones. • Maintained and monitored project progress. Rookie of the Year- NAHB Keller Williams Culture Icon CERTIFICATIONS/LICENSES Certified Distressed Property Expert Broker Associate At Home With Diversity Certified Buyers Rep ePro GROUPS National Association of Realtors Florida Realtors Association National Association of Home Builders and Gold Coast Builders Association Page 715 of 1675 --------......... June 15th, 2018 THE CITY OF BOYTON BEACH 100 E. Boyton Beach Blvd. Boyton Beach, FL 33435 RE: REPUBLIC CONSTRUCTION CORP. To Whom It May Concern: This is to advise you that our office provides Bid, Performance, and Payment Bonds for Republic Construction Corp. Their surety is Frankenmuth Mutual Insurance Company, which carries an A.M. Best Rating of A X and listed in the Department of the Treasury's Federal Register. Based upon normal and standard underwriting criteria at the time of the request, we should be in a position to provide Performance and Payment Bonds for projects in the $2,000,000 single size range and$4,000,000 in the aggregate. These amounts should not be construed as a limit but rather a-guide to handle their day-to-day needs. We obviously reserve the right to review all contractual documents, bond forms, and obtain satisfactory evidence of funding prior to final commitment to issue any bonds. Republic Construction Corp. is a fine contractor and we hold them in the utmost highest regard. Obviously,we feel extremely confident in our contractor and encourage you to offer them an opportunity to execute any upcoming projects. This letter is not an assumption of liability, nor is it a bid or performance &payment bond. It is issued only as a bonding reference requested by our respected client. If you should have any questions,please do not hesitate to give me a call. Sincerel LIZ Iter, Resident Agent 5979 N.W. 15154 Street m Suite 202 ® Miami Lakes, Florida 33014 Phone: 305-517-3803 m Fax: 305-328-4838 Page 716 of 1675 RepUblic CONSTRUCTION CORP 6/18/18 RE:Open Bonds Dear City of Boynton Beach, Please see a description of our open bond below: - Wellington Office Parc, LLC/Wellington Office Parc $2,514,689 Date issued: 8/10/17 Sincerely, Steven Neubarth President 601 N Congress Ave. Ste 437 1 Delray Beach, FL 33445 1 Phone (561)900-2487 Fax (561) 634-2806 www.republicconstructioncorp.com I email: info@republiconstructioncorp.com Page 717 of 1675 REPUCON-01 BBE LL D / Y,CERTIFICATE OF LIABILITY INSURANCE06/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTA NAME:CT Dianthe Charron Collinsworth,Alter,Lambert,LLC PHONE FAx 23 Eganfuskee Street (A/C,No,Ext):(561)776-9001 (A/c,No):(561)427-6730 Suite 102 ADORIE s,dcharron@callic.com Jupiter,FL 33477 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Amerisure Mutual Ins Co 23396 INSURED INSURER B:Owners Insurance Company 32700 Republic Construction Corp 601 N Congress Avenue INSURER C Suite 435 INSURER D: Delray Beach,FL 33445 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD MM D A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE a OCCUR GL21045980102 03/20/2018 03/20/2019 DAMAGE TO RENTED 100,000 PREMISE Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,00000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY a JEC LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY ED a�iNED SINGLE LIMIT $ 1,000,000 IxANY AUTO 5160958900 02/02/2018 02/02/2019 BODILY INJURY Per person) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS AUTOS ONLY X AUUTOS ONLY PeOacadent AMAGE $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N TATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE WC210459901 03/20/2018 03/20/2019 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is added as additional insured including products and completed operations for general liability per CG7048,and for auto liability when required by written contract. General Liability is primary and non-contributory for the additional insureds when required by written contract.Waiver of subrogation applies to general liability,auto liability and workers'compensation for the certificate holders when required by written contract.Cancellation applies as per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 100 E Boynton Beach Boulevard Boynton Beach,FL 33435 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 718 of 1675 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 NEUBARTH, STEVEN REPUBLIC CONSTRUCTION CORP 601 N CONGRESS AVE STE 435 B DELRAY BEACH FL 33445 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range -,. STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque g DEPARTMENTOF,BUSINESS AND restaurants, and they keep Florida's economy strong. ,-� PROFESSIONAL REGULATION Every day we work to improve the way we do business in order CGC1505065 RF( UED`:03/12/2017 to serve you better. For information about our services, please , log onto www.myfloridalicense.com. There you can find more CERTIFIED GEN RAS.CONTRACTOR information about our divisions and the regulations that impact NEUBARTH STEM - x, you, subscribe to department newsletters and learn more about REPUBLIC CONf�lCTIC3 RP WG` 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.489 FS. and congratulations on your new license! Expiration date:AUG 31,2018 L1703120000937 DETACH HERE RICK SCOTT, GOVERNOR MATILDE MILLER, INTERIM SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONr CONSTRUCTION INDUSTRY LICENSING BOARD CGC1505065 The GENERAL CONTRACTOR Named below IS CERTIFIED *' Undert the provisions a visions.of Chapter 489 FS. date:-AUG 31, 2018 Expiration : n [mill NEUBARTH,STEVEN 3 REPUBLIC CONSTRUCTION CC�IkP 601 N CONGRESS AVE 537, DELRAY BEACH . fL 33d45" r S P e 719 of 1675 ISSUED: 03/12/2017 DISPLAY AS REQUIRED BY LAW SEQ# 1_17031200009i Form Request for 'Taxpayer Give Form to the (Rev.December 2014) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service I Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Republic Construction Corp. N 2 Business name/disregarded entity name,if different from above w N m Republic Ci2nstmction Corp. a 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to o certain entities,not individuals;see N ❑Individual/sole proprietor or ® C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate instructions on page 3): a C single-member LLC Exempt payee code(if any) ❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► p 2 Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting c the tax classification of the single-member owner. code(f any) y® ❑Other(see instructions)► P"Nes to accounts ma4Nei,etloutsMe the uSJ 0 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) Q 601 N Congress Ave. Suite 437 N 6 City,state,and ZIP code Delray Beach.FL 33445 7 List account number(s)here(optionao Taxpayer Identification Number IN Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this Is generally your social security number( However,for page resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. or Note.if the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. 4 6 - 4 0 3 2 1 5 1 5 1 9 Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because:(a)i am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form Of any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► Date► 11/30/2017 General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only it you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number MN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number QTIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN) to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If •Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA codes)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-2014) Page 720 of 1675 a m w _ & uj 0 2q#m m q w Quo # 7mz >q « � //\/ ƒ to-j ƒ 4 - Dm Cc: 08 2L , it 0 m C) W 22220 � 3 \ & q Q CO �aI.--2/ �/ LL Q)fD / = Luk ƒ-0 \ es \ m Lu UJ Lu® \ § § i U 2 J ( ; E � ƒ ]/=o qGw ( / U) « O � � \/\/± ! c O eq a 2 -2--.2"0 jj d 00 \ m c \} X /§ ff§ n W eE « 6e \ / a 04 \ \ ) \7 w � A /q /k r ®G § 7/ \Y � / 0 §/ ( [ \ Ma ° a } / $ z d \\ ry w / QQ7 k § © _00/ r 0 &@ f RP®7 / w & = QOwn k. § g 2 ��/ G / 4 ©« c ƒ \\®~ Uak _ / zZW . 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S w > (n / \ (n \ ) E , 7 \ 04 \ Page 722 0 1675 CITY OF DELRAY BEACH 103401 BUSINESS TAX RECEIPT & CONTRACTOR REGISTRATION RECEIPT NO 18 00058414 RESTRICTION: CONTROL NO 144430 OWNER/QUALIFIERNEUBARTH STEVEN DATE ISSUED: 11/21/17 BUSINESS NAME: REPUBLIC CONSTRUCTION CORP BUSINESS TAX FEE: 181.24 LOCATION: 601 N CONGRESS AVE x#435 DELINQUENT FEE: .00 CLASSIFICATION: CONTRACTOR-GENERAL TRANSFER FEE: .00 TOTAL AMOUNT PAID: 181.24 REPUBLIC CONSTRUCTION CORP BUSINESS TAX RECEIPT ISSUED FOR THE PERIOD 601 N CONGRESS AVE#435 OCTOBER 12017 TO SEPTEMBER 30 2018 DELRAY BEACH FL 33445 BUSINESS TAX RECEIPT MUST BE CONSPICUOUSLY DISPLAYED TO PUBLIC VIEW AT BUSINESS LOCATION Notice:This business tax receipt becomes NULL and VOID if ownership,business name,or address is changed. Applicant must apply for Transfer. CITY OF DELRAY BEACH BUSINESS TAX RECEIPT INFORMATION DATE ISSUED: 11/21/17 BUSINESS TAX RECEIPT ISSUED FOR THE PERIOD OCTOBER 1 2017 TO SEPTEMBER 30 2018 • Please conspicuously post this current business tax receipt so that it is able to be viewed - by anyone upon entering your place of business. - • This business tax receipt represents proof of payment of your business tax fee for the period October 1 to September 30. Continuous licensure can be an important asset for certain business users; please exercise diligence in maintaining this business tax receipt. • Once you have obtained a Delray Beach business tax receipt, you will be sent a renewal notice each year 30 to 60 days before expiration to the address indicated on the face of the receipt. Please check all business tax receipt information and if there is an error, report it to us immediately. The City may impose fines and penalties for failure to renew this business tax receipt. • If you change your business name, ownership or location, you must make a new application for the change and pay a $15.19 transfer fee. The business tax receipt must be surrendered prior to issuance of the new receipt. The back of the receipt must be signed and dated by the previous owner and indicated that all rights, interest, and title of the business is assigned to the new owner. • If you have more than one business location, you must obtain a business tax receipt for each location. • A separate business tax receipt is issued for each use performed within your business. Please check with us if you have any questions regarding the classification of your business by visiting us at 100 NW 1st A tom, our website at MyDelrayBeach.com, or calling us at (561) 243-7209. bcft AIwitaCh, 1993 3001 Notice:The issuance of this business tax receipt is a result of a payment of the business tax and shall not be interpreted as:permitting the business to supercede the zoning code of the City,an endorsement by the City of a business,nor certification by the City of the competencPcogeu7i2asof 1675 REFERENCES FOR Republic Construction Corp. NAME OF FIRM - rt Company Name: South Broward Drainage District Address: 6591 SW 160th Avenue Contact Name: Kevin Hart Phone: Fax. NA E-Mail: 954-680-3337 Kevin@sbdd.com A)",t1 ,.s.t,. _ � t Sr �,t_1_ n?s< �vs„si£rtr��s Company Name: A.W. Architects Address: 7770 Cogress Avenue Suite 114 Boca Raton, FL 33487 Contact Name: Jim Williams Phone: Fax: E-Mail: 561-997-1244 561-997-1675 jwflliams@awarchs.com ''-S t,4 rf,S,sti4 ttlfYitY�.? Ntt 7S r`t •, r,�\',#",, ,rtY,e tr4.. J ,._. trcr... ,�, t;; tk Company Name: , PetMeds Address: 420 S. Congress Avenue Suite 100 Delray Beach. FL 33445 Contact Name: Bruce Rosenbloom Phone Fax E-Mail: 561-351-3333 NA brosenbloom@1800petmeds.com Y, �, a rf ,itt^- 6... F •, c-. _ {, t, t. �. ,a:--.; s, ..::-:a h U-,,_.;, -.,,,.. ,. ,:; ,..... ,, Company Name: Town of Jupiter Utilities Address: 210 Military Trail Jupiter FL 33458 Contact Name: Paul urczak Phone: Fax: E-Mail: 561-741-2602 paulj@jupiter.fl.us THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 26 of 40 {00229244.2306-9001821} 26 Page 724 of 1675 REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-18/IT PROPOSER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFQ Title: PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ Number: 018-2821-18/IT RFQ Received By: JUNE 18, 2018, NO LATER THAN 2:30 P.M. RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date and time is scheduled for: JUNE 18,2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFQ shall conform to applicable sections of the charter and codes of the City. Name of Company: Republic Construction Corp. Federal I.D. Number: 46-4032559 A Corporation of the State of: Florida Area Code: 561 Telephone Number: 900-2487 Area Code: FAX Number: Mailing Address: 601 N. Congress Avenue City/State/Zip: Delray Beach FL, 33445 E-mail Address: Steven@ republicconstruction corp.com Authorized Signature Steven Neubarth Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.01 8-2821-18/IT Page 22 of 40 (00229244.2306-9001821) 22 Page 725 of 1675 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: "PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES" RFQ NO.: 018-2821-18/IT DATE SUBMITTED: Uv�� We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE [?I/NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 23 of 40 {002292442306-9001821} 23 Page 726 of 1675 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 RFQ document. Failure to comply with this instruction may be regarded as justification for rejecting the RFQ response. * attach additional sheets giving the information 1. Name of Qualifier: Republic Construction Corp 2. Business Address: 601 N Congress Ave Ste 437 Delray Beach,FL 33445 3. When Organized: 01/01/2014 4. Where Incorporated: Florida 5. How many years have you been engaged in business under the present firm name? Four Years 6. General character of work performed by your company. Full Service General Contracting firm. Concrete Construction,Vertical Concrete,Masonry, Rough Carpentry Interior Finishing,Interior Buildout,Tenent Improvements, Sitework, Sidewalks 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 6 9. Background and experience of principal members of your personnel, including officers. *Attached 10. Bonding capacity, if applicable. $2,000,000.00 Single and$4,000,000.00 Aggregate 11. Have you ever defaulted on a contract? If so, where and why?* No THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 24 of 40 {00229214.2 306-9001821) 24 Page 727 of 1675 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone# Grand Prix Village 4,500,000.00 Charles Moosa 561 445 4512 The Joint,Wellington Jupiter 95,000.00 Anjan Patel 215 213 8011 Jupiter Water Treatment Plant 125,037.00 Paul Jurczak 561-741-2602 PetMeds 303,300.00 Bruce Rosenbloom 1 800 738 6333 13. Contracts on hand. 14. Largest completed projects (include final cost). 1) Grand Prix Village $4,500,000.00 2) Patel Residence $ 2,000.000.00 3) JFK Behavioral Expansion $ 700,000.00 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated at: this 0 day of vim- 20/% By: (written signature) Name: Steven Neubarth (printed or typed) Title: 0-�r�- THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18ATPage 25 of 40 {00229244.2306-9001821} 25 Page 728 of 1675 REFERENCES FOR Republic Construction Corp. NAME OF FIRM Company Name: South Broward Drainage District Address: 6591 SW 160th Avenue Contact Name: Kevin Hart Phone: Fax: E-Mail: 954-680-3337 NA Kevin@sbdd.com Company Name: A.W. Architects Address: 7770 Cogress Avenue Suite 114 Boca Raton,FL 33487 Contact Name: Jim Williams Phone: Fax: E-Mail: 561-997-1244 561-997-1675 jwilliams@awarchs.com Company Name: PetMeds Address: 420 S. Congress Avenue Suite 100 Delray Beach. FL 33445 Contact Name: Bruce Rosenbloom Phone: Fax: E-Mail: 561-351-3333 NA brosenbloom@1800petmeds.com Company Name: Town of Jupiter Utilities Address: 210 Milita!j Trail Jupiter FL 33458 Contact Name: Paul Jurczak Phone: Fax: E-Mail: 561-741-2602 paulj@jupiter.fl.us THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 26 of 40 {00229244.2 306-9001821) 26 Page 729 of 1675 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I,the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: AME - SIGNATURE Sworn and subscribed before me this N day of �Scjr_� 20 Printed Information: Steven Neubarth NAME President TITLE ARY PUBLI , State of Florida at Large Republic Construction Corp. COMPANY 1 Y".Aw .: SARAH MILLER MY COMMISSION#GG015633 t •.;g; ;� EXPIRES July 26,2020 "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 27 of 40 {00229244.2 306-9001821) 27 Page 730 of 1675 NON COLLUSION AFFIDAVIT State of Florida County of Palm Beach ) Steven Neubarth , being first duly sworn,deposes and says that: 1) He/She is President of Republic Construsction Corp. , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFQ No. 018-2821-18/IT for PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 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 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 qualifier, firm or person to fix the price or prices in the attached RFQ or of any other qualifier, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed)S?�:7�7 (Title) President Subscribed and sworn to before me This 1 $r�I day of -5u" , 20 1 SARAH MILLER MY COMMISSION#GG01 5833 My commission expires �ju W�(o ( �(� ;" o,; EXPIRES July 26,2020 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 28 of 40 {00229244.2306-9001821} 28 Page 731 of 1675 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 ? XX Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/ITPage 29 of 40 {00229244.2306-9001821} 29 Page 732 of 1675 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Proposers have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that,as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that thi firm complies fully with the above requirements. Signature of Authorized Company Officer THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-1 8/IT Page 30 of 40 {00229244.2306-9001821} 30 Page 733 of 1675 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Republic Construction Corp. CONTRACTOR NAME By Steven Neubarth Title: president Date: 0 � 4 l THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 31 of 40 {00229241.2 306-9001821) 31 Page 734 of 1675 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, Steven Neubarth , the President of (Name of officer of company) (Title of officer of company) Republic Construction Corp. , located at 601 N.Congress Avenue Ste.437 Delray each,FL 33445 (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: Republic Construction Corp. 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 t YES NO Business License receipt issued in the current year? Number: LBTR 2014717552 LBTR 2016094325 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: Steven Neubarth Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 32 of 40 {00229244.2306-9001821} 32 Page 735 of 1675 REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-18/IT SCHEDULE OF SUB-CONSULTANTS The Undersigned Respondent proposes the following major subcontractors for the major areas of work for the Project. The Respondent is further notified that all sub-contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-contractors,if required.If not applicable or if no-subconsultants will be used in the performance of this Work,please sign and date the from and write"Not-Applicable"or"NONE" across the form. Name of Sub-Consultant Address of Sub-Consultant License No.: Contract Percentage Amount % of Contract Jack's Electric LLC 61 West Rubbertree Dr.Lake Worth FL 33467 EC13005641 Pendergrass Electric Inc. 804 SE 1st Street Boynton Beach,FL 33435 EC0003090 CMI Air Conditioning Inc. 202 Old Dixie Hwy.Lake Park FL 33403 CAC1817971 Custom Plumbing 1414 Points Road West Palm Beach,FL 33405 CFC037072 Signature Date: Title/Company President-Republic Coonstruction Corp. Owner reserves the right to reject any sub-contractor who has previously failed in the proper performance of an award,or failed to deliver on time contracts in a similar nature,or who is not responsible(financial capability,lack of resources,etc.)to perform under this award.Owner reserves the right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18/IT Page 33 of 40 (00229744.2305-9001821) 33 Page 736 of 1675 STATEMENT OF NO SUBMITTAL If you are not submitting an RFQ for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of Firm's name from the City's Vendor list. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFQ No.: 018-2821-18/IT for "PRE- QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES" 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: (00229244.2 306-9001821) 34 Page 737 of 1675 LL® FT" SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MINOR CONSUTRUCTION SERVICES CONTRACTOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Republic Construction Corp. , hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 018-2821-18/I7. 2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor construction projects, which are those costing less than $185,000. These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise,or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three (3)consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. (00229244.2 306-9001821) 35 Page 738 of 1675 b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 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. CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and$1,000,000 aggregate for personal injury; and$1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR 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 (00229244.2 306-9001821) 36 Page 739 of 1675 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 CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED, The CONTRACTOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 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 {00229244.2 306-90018211 37 Page 740 of 1675 of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following address: Republic Construction Services 601 N.Congress Avenue Ste 437 Delray Beach,FL 33445 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. 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. (00229244.2 306-9001821) 38 Page 741 of 1675 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 PYLE)@BBFL.US THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. {00229244.2 306-9001821) 39 Page 742 of 1675 DATED this day of 20j . CITY OF BOYNTON BEACH Lori LaVerriere, City Manager CONTRACTOR Attest/Authenticated: President Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary 100229244.2 306-9001821) 40 Page 743 of 1675 6.H. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-105-Approving payment of per capita member dues to the Palm Beach Transportation Planning Agency beginning with Fiscal Year 2019. EXPLANATION OF REQUEST: On February 15, 2018 the Palm Beach Transportation Planning Agency (TPA) approved annual member dues fro all TPA Local Governments to maximize the effectiveness of the TPA as a planning agency for all of Palm Beach County. All government entities with voting rights on the TPA are being asked to approve annual member dues beginning with Fiscal Year 2019 based on ten (10) cents per capita for the first five years. For fiscal year beginning October 1, 2023 and following, the annual dues shall be as approved by the TPA governing board. For Fiscal Year 2019, the City of Boynton Beach annual dues is estimated at$7,399 based on the latest estimate of municipal population. Nick Uhren, Executive Director of the PBC Transportation Planning Agency discussed this at the May 15, 2018 Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow the TPA to participate in activities such as advocacy and lobbying at the federal and state levels, hosting peer exchanges or special events, purchasing promotional materials, and providing non-federal monetary matching funds for TPA planning grants. FISCAL IMPACT: Budgeted The estimated annual dues for FY 2018/19 would be $7,399 ALTERNATIVES: Do not approve the resolution. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 744 of 1675 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving TPA Dues payment D Attachment Email from TPA Exec Director Page 745 of 1675 I RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING PAYMENT OF PER 5 CAPITA MEMBER DUES TO THE PALM BEACH 6 TRANSPORTATION PLANNING AGENCY 7 COMMENCING IN FISCAL YEAR 2019 AND EVERY 8 YEAR THEREAFTER, PROVIDING AN EFFECTIVE 9 DATE. 10 11 12 WHEREAS, the Interlocal Agreement creating the Palm Beach Metropolitan 13 Planning Organization (MPO) for the urbanized area of Palm Beach County requires that the 14 Palm Beach MPO, doing business as the Palm Beach Transportation Planning Agency 15 (TPA), be a forum for cooperative decision making by officials of the governmental entities 16 with voting membership on the TPA Governing Board; and 17 WHEREAS, the City of Boynton Beach is a governmental entity with voting 18 membership on the TPA Governing Board; and 19 WHEREAS, the TPA Governing Board adopted Resolution 2017-08 to formally 20 recognize the value of empowering all of its members to lead the selection of transportation 21 projects and programs to best serve our local communities, to take steps to avoid undue 22 influence by any member agencies, and to provide the TPA with maximum flexibility to 23 provide transportation planning services to the public; and 24 WHEREAS, certain activities such as advocacy and lobbying at the federal and state 25 levels, hosting peer exchanges or special events, purchasing promotional materials, and 26 providing non-federal monetary matching funds for TPA planning grants, are not permitted 27 under the current funding sources; and Page 746 of 1675 28 WHEREAS, not being able to participate in these activities results in a competitive 29 disadvantage with other MPOs across the nation in advancing the priorities of the TPA 30 Governing Board; and 31 WHEREAS, financial participation for all governmental entities with voting 32 membership on the TPA Governing Board is equitable and will allow the TPA to engage in 33 critical activities to advance TPA transportation priorities. 34 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 35 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 36 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 37 being true and correct and are hereby made a specific part of this Resolution upon adoption 38 hereof. 39 Section 2. The City Manager or designee is authorized to make annual 40 membership dues payments to the TPA pursuant to the following: 41 a. The annual dues shall be paid to the TPA no later than October 31 of 42 each year, with the first payment due no later than October 31, 2018; 43 b. The annual dues amount shall be established as ten (10) cents per 44 capita for the first five years. For October 1, 2023 and following, the 45 annual dues amount shall be as approved by the TPA Governing 46 Board; 47 C. The annual dues amount shall be calculated using the latest estimate of 48 municipal population less inmates as of October 1 of each year, as 49 published by the Bureau of Economic and Business research. 50 Section 3. That this Resolution shall become effective immediately upon passage. 51 Page 747 of 1675 52 PASSED AND ADOPTED this day of , 2018. 53 CITY OF BOYNTON BEACH, FLORIDA 54 55 YES NO 56 57 Mayor— Steven B. Grant 58 59 Vice Mayor— Christina L. Romelus 60 61 Commissioner—Mack McCray 62 63 Commissioner—Justin Katz 64 65 Commissioner—Joe Casello 66 67 68 VOTE 69 70 ATTEST: 71 72 73 74 Judith A. Pyle, CMC 75 City Clerk 76 77 78 79 (Corporate Seal) 80 Page 748 of 1675 Dear Mayor Grant, |arnwriting toask you to create two local agenda items to support Palm Beach Transportation Planning Agency(TPA) Board actions from our February 15, 2018 meeting: 1. The TPA Board approved annual member dues for all TPA Local Governments to maximize the effectiveness of the TPA asaplanning agency for all ofPalm Beach County. Adraft resolution toauthorize payment ofthese dues, commencing|nFY3U19, isattached. Your estimated annual dues amount is$7,399for FY3Ol9. Please work with your staff tocreate anagenda item toadopt this resolution onyour next available local board agenda. Please note that all TPA Local Government rform this action. Z. The TPA Board directed mmetpseek at least three(3)TPA Local Governments willing to provide Administrative Services toallow the TPA tooperate aaanindependent agency. Adraft interlocal agreement tmaccomplish this is attached. Approval by your local government would obligate you to provide the TPA with access to a Revolving Fund inanamount not toexceed$30O,0O0for aperiod of5years. The TPA will compensate you for any and all staff costs incurred to provide access to these funds.The TPA will also reimburse you for all funds utilized upon the TPA'sreceipt of grant reimbursement funds from our federal partners. Please note that the TPA is only,requesting 3 to 4 TPA Local Govern me ntL!2_pg rform this action so contact mneif you are interested before taking formal action atyour local board. |anmavailable toanswer any questions,assist with development ofyour agenda item content, and/or tomake a presentation etyour local board meeting ifthat would behelpful. Please let nneknow when you have scheduled these items. Thank you inadvance for your support and partnership in transportation planning. Best regards, Nick NichUhren, P.E. EXECUTIVE DIRECTOR 2300N Jog Rd. 4th Floor | West Palm Beach' FL 33411 D. 561'684.4042 1 M. 561.684.4170 U C. 561'876.1482 ��eb | EaUcebook | Twitter | Linkedin jjgL PALM BEACH 11111VA7 Transportation Planning Agency Under Florida |avv e-mail addresses are public records. If you do not want your e-mail address released in response bmm public records nmquest, do not send electronic mail to this entity. |neteod, contact this office by phone mr|nwriting. 2 Page 749 Of 1675 6.1. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-106-Authorize the City Manager to sign an agreement with Advanced Data Processing, Inc. a subsidiary of I ntermedix Corporation utilizing the Volusia County Contract for Public Emergency Medical Transportation (PEMT) billing. EXPLANATION OF REQUEST: In 2016, the state approved a program that provides supplemental payments for eligible Public Emergency Medical Transportation (PEMT) entities that meet specified requirements and provide emergency medical transportation services to Medicaid beneficiaries. Supplemental payments provided by this program are available only for allowable costs that exceed other Medicaid revenue that the eligible PEMT entities receive for emergency medical transportation services to Medicaid eligible recipients. Eligible PEMT entities must certify to the Agency for Health Care Administration the total expenditure of funds and federal financial participation eligibility for the amount claimed. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? PEMT billing is a revenue source for the City, through our Fire Rescue ALS Transports. Entering into this contract will assure the revenue into the City. FISCAL IMPACT: Non-budgeted Fiscal Year 2017 produced $147,000 in revenue with a projection for Fiscal Year 2018 of$150,000. ALTERNATIVES: The alternative to not approving this contract is the loss of revenue the City. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS Page 750 of 1675 VENDOR NAME: ADVANCED DATA PROCESSING INC START DATE: 9/2/2018 END DATE: 9/30/2021 CONTRACT VALUE: 150,000 PER YEAR MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Contract can be written with a 3 year agreement and an extension built into the contract. ATTACHMENTS: Type Description D Resolution Resolution approving piggy-back of Volusia Contract with AD P I D Agreement Piggy-back Agreement with ADPI for P D Addendum VOLUSIA COUNTY CONTRACT D Addendum VOLUSIA COUNTY RSQ D Addendum VOLUSIA COUNTY AWARD D Addendum VOLUSIA COUNTYAGENDA ITEM Page 751 of 1675 1 2 RESOLUTION NO. R18- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING THE PIGGY-BACK OF A 6 COUNTY OF VOLUSIA RSQ #17-SQ-68BB WITH 7 ADVANCED DATA PROCESSING, INC., A SUBSIDIARY 8 OF INTERMEDIX CORPORATION FOR PUBLIC 9 EMERGENCY MEDICAL TRANSPORTATION (PEMT) 10 PROGRAM; AUTHORIZING THE CITY MANAGER TO 11 SIGN A CONTRACT WITH ADVANCED DATA 12 PROCESSING, INC., A SUBSIDIARY OF INTERMEDIX 13 CORPORATION; AND PROVIDING AN EFFECTIVE 14 DATE. 15 16 WHEREAS,City staff has confirmed that the County of Volusia has complied with 17 Public Contract Bid requirements which equal or exceed the City of Boynton Beach's 18 requirements; and 19 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a 20 County of Volusia RSQ 17-SQ-68BB with Advanced Data Processing, Inc., a subsidiary of 21 Intermedix Corporation for Public Emergency Medical Transportation (PEMT)billing. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon 26 adoption. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 28 approves the piggy-back of a County of Volusia RSQ 17-SQ-68BB with Advanced Data 29 Processing, Inc., a subsidiary of Intermedix Corporation for Public Emergency Medical 30 Transportation (PEMT)billing. 31 Section 3. The City Manager is hereby authorized to sign a contract with C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2777AOEC-CC9E-43AD-A780-16CBAF899A04\Boynton Beach.11692.1.Piggy-Back_(Volusia)_-_ADPI -_PEMT - Reso.docx Page 752 of 1675 32 Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation, a copy of which 33 is attached hereto as Exhibit"A". 34 Section 4. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this day of , 2018. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor— Christina L. Romelus 42 43 Commissioner—Mack McCray 44 45 Commissioner—Justin Katz 46 47 Commissioner—Joe Casello 48 49 VOTE 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 (Corporate Seal) 59 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2777AOEC-CC9E-43AD-A780-16CBAF899A04\Boynton Beach.11692.1.Piggy-Back_(Volusia)_-_ADPI -_PEMT - Reso.docx Page 753 of 1675 CONTRACT FOR PUBLIC EMERGENCY MEDICAL TRANSPORTATION (PEMT) This Agreement is made as of this day of 2018 by and between ADVANCED DATA PROCESSING, INC, a subsidiary of Intermedix Corporation, a Foreign corporation authorized to do business in the state of Florida, with offices at 6451 N. Federal Highway, Suite 1000, Fort Lauderdale, FL 33308 (hereinafter "ADPI"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, the City Fire Department desires to retain the services of a competent and qualified Contractor to provide Public Emergency Medical (PEMT)Program Services; and WHEREAS, ADPI, has agreed to allow the City to piggy-back the County of Volusia Contract No. 17-SQ-68BB to provide Public Emergency Medical Transportation Program services based on County of Volusia contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and ADPI agree that ADPI shall provide Public Emergency Medical Transportation (PEMT) billing based on County of Volusia Contract #17-SQ-68BB, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to the County of Volusia shall be deemed as references to the City of Boynton Beach. B. 15.13 Applicable Law, Venue and Waiver of Jury Trial; shall be accepted as Fifteenth Judicial Circuit, Palm Beach County, Florida. C. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Page 1 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\898F719B-6963-4882-82E4-B096BEDB62D5\Boynton Beach.11693.1.Piggyback (Volusia -_ADP>)_PEMT (2018).docx Page 754 of 1 675 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 Section 3. In the event that the County of Volusia Contract is amended, or terminated, ADPI shall notify the City within ten (10) days. In the event the County of Volusia Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. ADPI agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition,including fees, charges or costs,which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the County of Volusia Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager Judith A. Pyle, CMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney Page 2 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\898F719B-6963-4882-82E4-B096BEDB62D5\Boynton Beach.11693.1.Piggyback (Volusia -_ADP>)_PEMT (2018).docx Page 755 of 1 675 ADVANCED DATA PROCESSING, INC WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Page 3 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\898F719B-6963-4882-82E4-B096BEDB62D5\Boynton Beach.11693.1.Piggyback (Volusia -_ADP>)_PEMT (2018).docx Page 756 Of 1 675 EXHIBIT A AGREEMENT BETWEEN COUNTY OF VOLUSIA AND ADVANCED DATA PROCESSING,INC Page 4 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\898F719B-6963-4882-82E4-B096BEDB62D5\Boynton Beach.11693.1.Piggyback (Volusia -_ADP>)_PEMT (2018).docx Page 757 Of 1 675 f, Volusia County FLORIDA AGREEMENT FOR PUBLIC EMERGENCY MEDICAL TRANSPORTATION (PEMT) PROGRAM SERVICES Between THE COUNTY OF VOLUSIA AND ADVANCED DATA PROCESSING, INC., A SUBSIDIARY OF INTERMEDIX CORPORATION County of Volusia Purchasing &Agreements Division 123 West Indiana Avenue, Suite 302 DeLand, Florida 32720-4608 386-736-5935 Page 758 of 1675 AGREEMENT FOR PUBLIC EMERGENCY MEDICAL (PEMT) PROGRAM SERVICES This Agreement For Professional Public Emergency Medical (PEMT) Program Services (hereinafter "Agreement") is made and entered into by and between Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation, duly authorized to conduct business in the state of Florida, whose principal place of business is located at 6451 N. Federal Highway, Suite 1000, Fort Lauderdale, FL 33308(hereinafter the"Contractor") and COUNTY OF VOLUSIA, a body corporate and politic and a subdivision of the state of Florida, whose address is County of Volusia, 123 West Indiana Avenue, DeLand, Florida 32720 (hereinafter the "County"). RECITALS: Whereas, the County desires to retain the services of a competent and qualified Contractor to provide Public Emergency Medical (PEMT) Program Services; Whereas,the County has published Request for Statement of Qualifications 17-SQ-68BB (the "RSQ") seeking a qualified firm to perform Public Emergency Medical (PEMT) Program Services, and has received responses from various potential vendors; and Whereas, the County has determined that the Contractor is fully qualified to render the required service. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and other specific consideration set forth in this Agreement, the receipt and sufficiency of which are acknowledged by the Contractor and County, the parties agree and stipulate as follows: 1 DEFINITIONS For this Agreement and any incorporated exhibits, certain terms, phrases, words and their respective derivations shall have the meaning set forth and defined therein and shall be applicable in all documents. Definition of terms in the Agreement shall first be governed by this Agreement and second by the incorporated Scope of Services (Exhibit A). In the event of any conflict among the foregoing, the conflict shall be resolved in the order of priority set forth in the preceding sentence. 1.1. Agreement: This Agreement or Contract, including its articles, exhibits, and attachments. 1.2. Amendment: An amendment to this Agreement in writing by the County, approved by the Director of Purchasing and Contracts, and signed by the County authorizing an addition, deletion, or revision in the Scope of Services, or modifications of this Agreement. 1.3. Change Order: A written order signed by the County and Contractor authorizing an addition, deletion, or revision in the SOW, or an adjustment in the Agreement price or time, without change to any other substantive terms or conditions of the Agreement. 1.4. Compensation: The amount paid by the County to Contractor for Services based upon the percentage of recovery, including the total monies payable to the Contractor inclusive of all Services, labor, materials, supplies, travel, training, profit, overhead, Agreement.doex Page 2 of 23 Page 759 of 1675 costs, expenses, and any other costs necessary to complete work under the Scope of Services. 1.5. Contractor: Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation 1.6. Contractor's Services: Those Services within the Scope of Services of this Agreement or any exhibit, attachment or addendum thereto which relates to the General Scope of Services in Section 4.1 to be performed by Contractor in connection with Contractor's employment or practice. 1.7. County: The County of Volusia, Florida, and shall be synonymous with the term "County." 1.8. County Data: Documentation, worksheets, reports or correspondence, whether electronically or in paper format. 1.9. County Project Manager: Also known as the person designated by the County to review, approve and make decisions regarding the Scope of Services in this Agreement. 1.10. Contract Administrator: The Director of Purchasing and Contracts or his/her designee responsible for addressing any concerns within this Agreement. 1.11. Deliverable: The result(s)or end products or services that meet the requirements and functional parameters articulated in the Scope of Services for this Agreement including but not limited to: services, reports, written documentation and completed forms. 1.12. Effective Date: The date that this Agreement is fully executed by Contractor and the County. 1.13. Key Personnel: Contractor's personnel, designated by Contractor, who are responsible for Contractor's day-to-day Project operations as described in the Contractor's Proposal. 1.14. Project: The project that is described in Exhibit A—C of this Agreement. 1.15. Proposal: The document submitted by the Contractor in response to a formal solicitation (RSQ No. 17-SQ-68BB) used to determine if the Contractor is highly qualified. 1.16. Scope of Services: The services, herein defined in this Agreement under the Scope of Services (e.g., Exhibit A) that is agreed to by the parties in writing, which includes responsibility for performing and complying with all incidental matters pertaining thereto. 1.17. Services: Those services defined in the Scope of Services to be performed by the Contractor pursuant to this Agreement and its attached exhibits, including: the work, duties and obligations to be carried out and performed by Contractor under the Agreement and pursuant to Exhibits A — C, attached hereto and made a part of this Agreement. 1.18. State: State of Florida. Agreement.docx Page 3 of 23 Page 760 of 1075 1.19. Subcontractor: A third party performing services covered under the Scope of Services through a contract with the Contractor. 1.20. Warranty: The warranty's as set forth in this Agreement including any warranties required by state law or regulation. 2 EXHIBITS 2.1 The exhibits listed below are incorporated into and made a part of this Agreement. 2.1.1 Exhibit A - Scope of Services, 2.1.2 Exhibit B— Insurance Requirements 2.1.3 Exhibit C- Business Associate Agreement 3 ORDER OF PRECEDENCE 3.1 If Contractor finds a conflict, error or discrepancy in the Agreement, it shall call it to the County Project Manager's attention, in writing and request the County Project Manager's interpretation and direction before proceeding with the work affected thereby. Such notice shall be provided by the Contractor to the County's Project Manager in a timely fashion so as not to cause additional costs due to delay. In resolving such conflicts, errors and discrepancies, the documents shall be given precedence in the following order: 3.1.1 In the event of any conflicts or inconsistencies between provisions of the exhibits or attachments to this Agreement, the following order of precedence shall govern. 3.1.1.1 In the event of any conflicts or inconsistencies between this Agreement and any attached exhibit or addendum regarding general terms and conditions, the terms and conditions in the main body of this Agreement shall control. Exhibit B, Insurance Requirements and the other exhibits hereto, shall be considered as part of the Agreement. 3.1.1.2 In the event of any conflicts or inconsistencies between Exhibit A and any other exhibit or addendum attached to this Agreement regarding the Scope of Services, Exhibit A shall be controlling. 3.1.1.3 In the event of any conflicts or inconsistencies between Exhibits C and any other exhibit or addendum attached to this Agreement regarding the business associates, Exhibit C shall be controlling. 4 SCOPE OF SERVICES. 4.1 Contractor shall provide Public Emergency Medical (PEMT) Program Services to Agreement.doex Page 4 of 23 Page 761 of 1675 Volusia County in accordance with the Scope of Services attached as Exhibit A. 4.2 Performance Criteria: 4.2.1 All Services shall be performed in accordance with the Agreement and carried out under the direction of the County's Project Manager. 4.2.2 All labor necessary to complete the Scope of Services shall be performed in a professional manner pursuant to Section 5.13. 4.2.3 Changes to Scope of Services. The County may at any time, by written Change Order, make changes within the general Scope of Services to be performed under this Agreement. Except as provided in this Agreement otherwise, if any such change causes an increase or decrease in the Contractor's cost of, or the time required for performance of the Project Services, an equitable adjustment shall be made and this Agreement shall be amended in writing, signed by authorized representatives of the parties, stating the equitable adjustment. Unless the County grants, in writing, an additional period of time before the completion of the Agreement, any claim by the Contractor for adjustment under this Section must be asserted in writing within thirty (30) days from the date of receipt by the Contractor of the notification of change; otherwise, the claim shall be deemed waived. The Contractor shall then proceed with the prosecution of the Service as changed. Except as otherwise provided in this Agreement, no charge for any extra work or materials shall be allowed or approved by the County. No additional work shall be performed or extra materials purchased until a written Change Order has been approved by Contractor and County. 4.2.4 Time is of the Essence. Time is of the essence for all Services performed under this Agreement and all Projects performed in accordance herewith. 4.2.5 Authority to Act on Behalf of County. County's Purchasing and Contracts Director or such other proper authority pursuant to County policies and procedures shall have the authority to approve, award, and execute all documents or other instruments required to effectuate changes, modifications, or additional service, so long as the then cumulative financial obligation of County for such additional items does not exceed the Director of Purchasing and Contracts' authority under the County Code of Ordinances or policies and procedures. Any change, modification or additional service that causes the cumulative financial obligation of County for such additional items to exceed the Purchasing Director's or County Manager's authority under the Procurement Code shall be presented to the Volusia County Council for approval. 5 RESPONSIBILITY OF CONTRACTOR 5.1 Where questions exist as to the Scope of Services to be provided, Contractor shall confer with the Project Manager to ascertain the functional or design criteria of the Scope of Services. The Services of the Contractor shall also include of the following: Agreement.doex Page 5 of 23 Page 762 of 1675 5.1.1 Contractor covenants and agrees that there are no obligations, commitments, or impediments of any kind that shall limit or prevent Contractor's performance of the Services. 5.1.2 Contractor shall keep the County informed of any changes or advancements in technology occurring any time prior to or during actual implementation of the Services to the extent that such changes and advancements may increase efficiency or otherwise allow for better services or reductions in costs to the County. 5.1.3 Contractor covenants and agrees as follows: 5.1.3.1 That Contractor recognizes that its special talent, training, and experience caused the County to select Contractor; 5.1.3.2 That Contractor comprehends the Scope of Services, the requirements of the Scope of Services and the use of the same in their entirety to provide Deliverables; 5.1.3.3 That Contractor possesses the special skills to recognize material errors or omissions that would result in failures to appropriately perform in accordance with the Scope of Services; and 5.1.3.4 That Contractor shall adhere to the standard of care applicable to a contractor with the degree of skills and diligence normally employed by a licensed professional in its field or practice performing the same or similar Services in compliance with all applicable federal, state, and municipal laws, regulations, codes, and ordinances. 5.1.4 Accuracy of Documentation. Contractor covenants and agrees that any Project data, summaries, reports, or studies, submitted by the Contractor to the County shall be competently drafted and accurate with regard to the information contained therein. County's acceptance, approval, or reliance on any such documentation shall not release Contractor from any liability if such information is incorrect or inaccurate, it being understood that the County is relying on the Contractor's status as an industry professional in accepting such documentation. 5.1.5 Notification of Errors or Defects. Contractor covenants and agrees to notify the County if it discovers or has knowledge of anything of any nature in any reports, studies, bulletins, schedules, documentation, requirements or instructions prepared by Contractor or data or instructions supplied to Contractor by the County or any other party, that Contractor regards in Contractor's professional opinion as unsuitable, improper, or inaccurate. 5.1.6 Administration. Contractor covenants and agrees to efficiently administer and perform all Services economically and expeditiously in a professional manner. 5.2 Supervision. The Contractor shall direct and supervise competent and qualified Agreementdocx Page 6 of 23 Page 763 of 1675 personnel and shall devote time and attention to the direction of the operation to ensure performance of obligations and duties as set forth herein. The Contractor shall hire, compensate, supervise, and terminate members of its work force, and the Contractor shall direct and control the manner in which work is performed including conditions under which individuals shall be assigned duties, how individuals shall report, and the hours individuals shall perform. The Contractor shall be responsible for all income tax, social security and Medicare taxes, federal unemployment taxes, and any other withholdings from the company's employees' and/or subcontractors' wages or salaries. Benefits, if any, for the Contractor's employees and/or subcontractors shall be the responsibility of the Contractor including, but not limited to, health and life insurance, retirement, liability/risk coverage, and worker's and unemployment compensation. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures in delivering services or work pursuant to this Agreement. Further, Contractor shall be responsible for assuring the County that finished or completed Deliverables accurately comply with the requirements of this Agreement and the Scope of Services contained therein. 5.3 Assurance. Contractor gives County its assurance that all Services performed under this Agreement shall be timely performed in a professional manner and in accordance with the specifications and requirements of the Agreement and any approvals required under the Agreement. All work not conforming to the specifications and requirements of the Scope of Services shall be considered materially defective and constitute a breach of this Agreement. 5.4 Accuracy of Reports / Summaries. The Contractor shall be responsible for the professional and technical accuracy and the coordination of all data, reports, summaries, and any other Services furnished by the Contractor under this Agreement. The Contractor shall,without additional cost to the County, correct or revise any errors or deficiencies in its Services for which it is responsible. 5.5 Services to Comply with Specifications and Law. All work performed by Contractor including all general provisions, special provisions, job specifications, drawings, addenda, amendments to the basic Agreement, written interpretations, and written orders for minor changes in work, shall comply with the Scope of Services and all applicable local laws, codes, ordinances and statutes. 5.6 Subcontractors. 5.6.1 Employment or Substitution of Subcontractors. Contractor shall not employ any Subcontractor, other person, or organization against whom the County may have reasonable objection, nor shall Contractor be required to employ any Subcontractor against whom it has reasonable objection. Contractor shall not make any substitution for any Subcontractor who has been accepted by the County without the County's prior written approval. 5.6.2 Disapproval of Subcontractors. County's disapproval or requirement of removal or replacement of Contractor's employee or Subcontractor shall be deemed for lawful reasons if in County's reasonable judgment, such Contractor's employee or Subcontractor poses a threat or causes harm to the health, welfare, or safety, or morale of the County or its agencies, personnel or property or who fails any drug test administered in connection Agreement.doex Page 7 of 23 Page 764 of 1675 with this Agreement, who has been convicted of a felony or a misdemeanor involving "moral turpitude" or has been released or dishonorably discharged or separated under conditions other than honorable from any of the Armed Forces of the United States. 5.6.3 Contractor Responsible for Subcontractors. Contractor shall be fully responsible for all negligent acts and omissions of its Subcontractor and of persons directly or indirectly employed by them and of persons for whose negligent acts any of them may be liable to the same extent that it is responsible for the negligent acts and omissions of persons directly employed by it. Nothing in the Agreement shall create any contractual relationship between any Subcontractor and the County or any obligation on the part of the County to pay or to see to the payment of any moneys due any Subcontractor, except as may otherwise be required by law. County may furnish to any Subcontractor to the extent practicable, evidence of amounts paid to Contractor on account of specific Services done in accordance with the schedule of values. 5.6.4 Subcontractors to Act Pursuant to this Agreement. Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Agreement for the benefit of the County, and shall require all Subcontractors or other outside associates employed in connection with this Agreement to comply fully with the terms and conditions of this Agreement as such may apply to the Services being performed for the Contractor. 5.6.5 Consent Required for Substitution. Any Subcontractor and/or outside associates required by the Contractor in connection with the Services covered by the Agreement will be limited to such individuals or firms as are specifically identified for the Scope of Services assigned under this Agreement. Any substitution of such Subcontractors associates will be subject to the prior written approval of the County Project Manager. 6 TERM OF AGREEMENT The Term of this Agreement shall commence on the Effective Date of this Agreement or when it is fully executed by all parties and shall terminate three (3) years from the Effective Date. The parties may renew for two (2)subsequent one(1)year renewal terms upon mutual written agreement between the parties and County Council approval. 6.1 The Services to be rendered by the Contractor shall be commenced, as specified in this Agreement or as may be requested by the County and shall be completed within the time specified therein. 7 AGREEMENT PRICE AND COMPENSATION 7.1 Payment. The Contractor shall be paid Compensation for all Services. Total Compensation for this Agreement shall be on a contingency fee of TWELVE PERCENT (12%) based on payments received by the County under the PEMT Program, unless Managed Medical Assistance ("MMA") become eligible under the PEMT program. In the event that MMA becomes eligible under the PEMT program, Agreement.docx Page 8 of 23 Page 765 of 1675 the contingency fee shall be SIX PERCENT (6%) based on payments received by the County under the PEMT Program. The percentage shall be comprised of the total cost of all projects, materials, equipment, labor, expenses all mark-ups for overhead and profit. The County agrees to pay the Contractor in current funds, as compensation for its Services. 7.2 Reimbursements from Contractor. If, as a result of an audit by ACHA, a refund is required by the County, the Contractor agrees to return the portion of the compensation fee that was paid on the amount being refunded to the state. 7.3 Errors and Omissions in Pricing. Compensation shall not be adjusted because of errors or omissions which are not the fault of the County in computing the Services costs which result in an increase in the cost of this Agreement or because the time for completion varies from the original estimate, including completion or substantial completion of this Agreement prior to the scheduled or Agreement completion date or on account of County's election to furnish any of the Services. In addition, Contractor shall certify that the original Agreement price or Compensation for the Scope of Services and any additions thereto shall be adjusted to exclude any significant sums by which the County determines the price or Compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 7.4 Reimbursable Expenses. County's payment to the Contractor pursuant to the Fees incorporated in Section 7.1 shall be full compensation for Services rendered and any expenses incurred in connection therewith, and Contractor shall not be eligible for reimbursement for any expenses incurred in connection with the performance of this Agreement. 7.5 Payments. Any payments shall be made in accordance with Section 7.1. The percentage rates expressed in Section 7.1 shall govern Compensation and provide for payments against specified Deliverables and performance. 7.5.1 Approval of Payment. If, on the basis of the County Project Manager's observation and review of Contractor's Services, the County Project Manager has confirmed that the work has been completed, the Contractor has fulfilled all of its obligations under the Agreement, and the state has paid the County, the County Project Manager, after receipt of a proper invoice, shall indicate in writing his or her approval of payment and present the invoice to Accounts Payable for payment. Otherwise, the County Project Manager shall return the invoice to the Contractor, indicating in writing the reasons for refusing to approve final payment, in which case the Contractor will make the necessary corrections and resubmit the invoice. Regardless of the foregoing, approval of payment pursuant to this section shall not prevent the County from recovering amounts paid when the County subsequently discovers material defects or deficiencies in the services provided by the Contractor, which defects or deficiencies would have otherwise caused the County to withhold payment. 7.5.2 Invoice Detail. The Contractor shall submit an invoice for which professional Services were rendered to the County upon the completion and acceptance of the Services. Each invoice shall show detailed explanations of the Agreement.doex Page 9 of 23 Page 766 of 1675 Services accomplished in accordance with the Agreement prices set forth by labor hours by classification, associated rates, any material or subcontracted costs and any indirect rates or costs in accordance with the Agreement prices set forth hereto. All of the above shall sum to the total amount requested. 7.6 Invoices. Invoices or payment requests shall be addressed from the Contractor and submitted to the County's Project Manager. All invoicing and payments, including the practices and procedures pertaining thereto, shall be governed by the applicable provisions of Part VII of Chapter 218, Florida Statutes. 7.6.1 Documentation. The Contractor's Invoice(s) shall be accompanied by supporting data as may be required by the County Project Manager. County Project Manager shall review the Contractor's Invoice and supporting data and notify the Contractor in writing within twenty(20) days from receipt of the statement if any amounts requested are disputed or lack adequate support or documentation. 7.6.2 Invoicing Pursuant to Agreement. Pursuant to Section 7.1, the Contractor shall invoice County for all payments due Contractor under this Agreement. The County shall pay invoices in accordance with this Agreement. Invoices shall be sent to the address specified by the County. 7.6.3 Withholding. The County may withhold payment of any specific invoiced charges that it disputes in good faith and pay all undisputed charges on the invoice. 7.6.4 Payment Due. Within forty-five (45) days of receipt of payment from the state for claims submitted as a result of the Services for which Contractor has submitted an invoice for professional Services, the Contractor shall be paid the agreed upon contingency fee. Because payment to the Contractor is contingent upon receipt of payment by the County from State, it is understood that there could be a significant delay between the performance of services by the Contractor and remittance of the Contractor's payment for services. 7.6.5 Taxes. County is a tax exempt entity and shall not be charged or invoiced for the payment of taxes for Services performed under this Agreement. 7.7 Contractor's Continuing Obligations. Contractor's obligation to perform Services in accordance with the Agreement shall be absolute. Neither approval of any progress nor final payment to Contractor nor documentation confirming acceptance of the Services by the County, nor any payment by County to Contractor under the Agreement nor any act of acceptance by the County nor any failure to do so, nor any correction of defective work by County shall constitute an acceptance of Services not in accordance with the Agreement. 8 PAYMENT OF SUBCONTRACTORS 8.1 Payment. Contractor shall pay its Subcontractors and suppliers,within thirty(30) days following receipt of payment from the County for such subcontracted Services or Agreement.doex Page 10 of 23 Page 767 of 1675 supplies. Contractor agrees that if it withholds an amount as retainage from such Subcontractors or suppliers, that it shall release such retainage and pay same within thirty (30) days following receipt of payment of retained amounts from County. 8.2 Indemnification as to Payment of Subcontractors. Contractor agrees to save, defend, and hold the County, its employees and officials, divisions, districts and authorities harmless from any and all claims and actions from Contractor's Subcontractors for payment for Services and Deliverables provided by Subcontractors for Contractor under this Agreement. 9 LIMITATION OF LIABILITY AND INDEMNIFICATION OF COUNTY 9.1 General Indemnification. The Contractor shall indemnify, defend, and hold harmless the County and its officials, agents, employees, districts, and authorities from and against all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, arising out of or resulting from the performance of this Agreement, to the extent that any such claim, damage, loss, or expense is caused by any acts or omissions of the Contractor or anyone directly or indirectly employed by Contractor. 9.2 Sovereign Immunity. The County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of the County's immunity or limits of liability beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida Legislature, and the cap on the amount and liability of the County for damages, regardless of the number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by the legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against the County, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 10 INSURANCE Contractor shall provide the required insurance detailed in Exhibit B for the entire Term of the Agreement. Regardless of anything submitted as proof of insurance, Contractor shall comply with all requirements of Exhibit B. 11 TERMINATION 11.1 County may terminate this Agreement upon at least thirty(30) days prior written notice to Contractor. 11.2 Contractor may terminate this Agreement upon at least one hundred eighty(180) days prior written notice to County. 11.3 Upon receipt of notice of termination by the County from Contractor or upon delivery of notice of termination from the County to Contractor, Contractor shall: 11.3.1 Stop work under the Agreement on the date and to the extent specified in County's Notice of Termination. Agreementdocx Page 11 of 23 Page 768 of 1675 11.3.2 Inform County of the extent to which performance is completed. 11.3.3 Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the Agreement that is in progress but not yet completed. 11.3.4 Assign to the County, in the manner, at the times, and to the extent directed by the County, all of the right, title and interest of the Contractor under the orders and subcontracts so terminated. 11.4 For all undisputed outstanding invoices submitted to the County prior to the effective date of the termination and subject to Article 6 -- Term of Agreement, Article 7 — Agreement Price and Compensation, and this Article 11 - Termination, the County shall cause payments to be made to Contractor within forty five (45) days of receipt of payment from the state for claims submitted as a result of the Services for which Contractor has submitted an invoice. Contractor shall invoice the County for any sums Contractor claims to be owed by County under this Agreement for work performed from the last invoice to the effective date of termination. County shall review such invoice for payment and County shall pay any undisputed amount within forty five (45) days of payment from the state. 11.5 With the approval of the County and to the extent required by the County, settle all outstanding liabilities and all claims arising out of such termination. County's approval of such settlements shall be final for all the purposes of a termination under this Article 11 -Termination. In addition, Contractor shall transfer title and deliver to the County, in the manner, at the times, and to the extent, if any, directed by the County of Deliverables, work-in-progress, reports, models, studies, and other materials produced as a part of, or acquired in connection with the performance of the Services terminated. 11.6 If Contractor fails to cure a breach within ten (10) calendar days after receipt of notice from the County of said breach, the County may take over the Services and complete the Services and Contractor shall be liable to the County for any increased cost of the Project reasonably incurred by the County to complete the Contractor's unfinished Services. As such, County may apply unpaid Compensation due and owing to the Contractor prior to the default as a set off against the costs incurred by the County for taking over such Services. 11.7 The right of termination provided to the County and the Contractor herein shall be cumulative of all other remedies available at law. 11.8 All provisions of this Agreement which impose or contemplate continuing obligations on a party will survive the expiration or termination of this Agreement. 12 DISPUTE RESOLUTION 1. Good Faith Efforts to Resolve. The parties to this Agreement shall exercise their best efforts to negotiate and settle promptly any dispute that may arise with respect to this Agreement in accordance with the provisions set forth in this Section 12, Dispute Resolution. The Contractor and County Project Manager shall use reasonable efforts Agreement.doex Page 12 of 23 Page 769 of 1675 to arrange personal meetings and/or telephone conferences as needed, at mutually convenient times and places, and to address and work toward resolution of issues that arise in performance of this Agreement and applicable Scope of Services. Issues shall be escalated to successive management levels as needed. 2. Informal Dispute Resolution. If a dispute develops between the parties concerning, any provision of this Agreement, or the interpretation thereof, or any conduct by the other party under these agreements, and the parties are unable to resolve such dispute within five (5) business days or longer, that party, known as the Invoking Party, through its applicable Project Manager, shall promptly bring the disputed matter to the attention of the non-Invoking Party's Project Manager or designated representative, as the case may be, of the other party in writing ("Dispute Notice") in order to resolve such dispute. 3. Discovery and Negotiation / Recommended Procedures. Upon issuance of a Dispute Notice, the Project Managers or designated representative shall furnish to each other all non-privileged information with respect to the dispute believed by them to be appropriate and germane. The Project Managers shall negotiate in an effort to resolve the dispute without the necessity of any formal proceeding. If such dispute is not resolved by the Project Managers or designated representative within five (5) County work Days of issuance of the Dispute Notice, or such other time as may be mutually allowed by the Project Managers as being necessary given the scope and complexity of the dispute, the Project Managers may, depending upon the nature, scope, and severity of the dispute, escalate the dispute as indicated below: County Work Contractor's Representative County Representative Days 10 Contractor's Project Manager County's Project Manager 10 Contractor's Vice President of Director of Purchasing and EMS Business Development Contracts 20 Executive Vice President Deputy County Manager 4. Formal Dispute Resolution. At any point after issuance of a Dispute Notice under this section, either party may request and initiate formal non-binding mediation before a single mediator, which mediation shall be completed within thirty (30) days of initiation or such longer time as may be agreed upon by both parties as being necessary for the mutual selection of a mediator and scheduling of such mediation. Any such mediation shall be convened and conducted in accordance with the rules of practice and procedure adopted by the Supreme Court of Florida for court-ordered mediation, Rule 1.700 et seq. of the Florida Rules of Civil Procedure, and Chapter 44, Florida Statutes. If the dispute remains unresolved after conducting such Agreement.doex Page 13 of 23 �2 Page 770 of 1675 mediation, then either party may proceed to finalize any pending termination remedies and commence litigation in a court of competent jurisdiction. Each party shall bear its own costs and attorney's fees for mediation or arbitration of an issue arising under this Agreement. 5. Right to Terminate Reserved. Regardless of the dispute resolution procedures provided for in this Section 12, Dispute Resolution, nothing herein shall affect, delay, or otherwise preclude a party from terminating this Agreement in accordance with the provisions of Section 11, Termination, it being understood that these dispute resolution procedures are intended as a means of resolving disputes both during the term of this Agreement and after termination or expiration thereof. 13 COUNTY DATA 13.1 Contractor agrees and understands that all files and other information and data created in connection with the administration of this Contract constitute a public record, except to the extent it is exempt or proprietary under Florida Law(Chapter 119, Florida Statutes) from disclosure or as preempted by federal law. Contractor agrees to maintain for public record access such files and to maintain for public access such files after termination of this Contract to the extent required by the laws of the state of Florida. 13.2 Upon any termination or expiration of this Contract, Contractor, upon County's written request, shall promptly deliver, but not more than thirty (30) days after County's request, to County an extract of County's data hosted in the System in XML format or such other format as mutually agreed upon by County and Contractor. 13.3 THE ABOVE DUTIES AND OBLIGATIONS SHALL SURVIVE THE CANCELLATION OR TERMINATION OF THIS CONTRACT. 14 LOCAL GOVERNMENT REQUIREMENTS 14.1 Public Records Law. Pursuant to section 119.0701(2)(a), Florida Statutes, the County is required to provide Contractor with this statement and establish the following requirements as contractual obligations pursuant to the Agreement: 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 386-736-5935, purchasing@volusia.org, by mail, Purchasing and Contracts Division, Attn: Public Records Custodian, 123 W. Indiana Ave. RM 302 Deland, FL 32720. By entering into this Agreement, Contractor•acknowledges and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of services provided under,this Agreement are public records subject to the public records Agreement.doex Page 14 of 23 Page 771 of 1675 disclosure requirements of section 11 9.07(l), Florida Statutes, and Article I, section 24 of the Florida Constitution. Pursuant to section 119.0701, Florida Statutes, any Contractor entering into a contract for services with the County is required to: 14.1.1 Keep and maintain public records required by the County to perform the Services provided pursuant to this Agreement. 14.1.2 Upon request from the County's custodian of public records, provide the County 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, or as otherwise provided by law. 14.1.3 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 Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the County. 14.1.4 Upon completion of the Agreement, transfer, at no cost, to the County all public records in the possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology systems of the County. 14.1.5 Requests to inspect or copy public records relating to the County's Agreement for services must be made directly to the County. If Contractor receives any such request, Contractor shall instruct the requestor to contact the County. If the County does not possess the records requested, the County shall immediately notify the Contractor of such request, and the Contractor must provide the records to the County or otherwise allow the records to be inspected or copied within a reasonable time. Contractor acknowledges that failure to provide the public records to the County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. Contractor further agrees not to release any records that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written authorization from the County. Contractor shall indemnify, defend, and hold the County harmless for and against any and all claims, damage awards, and causes of action arising from the Contractor's failure to comply with the public records disclosure requirements of section 119.07(1), Florida Statutes, or by Contractor's failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements, including, but not limited to, any third party claims or awards for attorneys' fees and costs arising therefrom. Contractor authorizes County to seek declaratory, injunctive, or other appropriate relief against Contractor from a Circuit Court in Volusia County on an expedited basis to enforce the requirements of this section. Agreement.doex Page 15 of 23 Page 772 of 1675 14.2 No Code Violation or Past Due Debt. Contractor warrants and represents that neither the business, nor any officer or significant stakeholder of the business is in violation of the Volusia County Code of Ordinances, and does not owe the County any past due debt. Any breach of the foregoing warranty and representation shall constitute a material breach of this Agreement granting the County the right to terminate this Agreement as set forth herein. 14.3 Changes Due to Public Welfare. The County and Contractor agree to enter into good faith negotiations regarding modifications to this Agreement which may be required in order to implement changes in the interest of the public welfare or due to change in law or Ordinance. 14.4 Compliance with Applicable Laws. Contractor shall perform its obligations hereunder in accordance with all applicable federal, state and local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority, which in any manner affect the performance of this Agreement. Contractor shall protect and indemnify County and all its officers, agents, servants, employees, divisions and districts against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order or decree caused or committed by Contractor, its representatives, subcontractors, professional associates, agents, servants or employees. Additionally, Contractor shall obtain and maintain at its own expense all applicable licenses and permits to conduct business pursuant to this Agreement from the federal government, state of Florida, County of Volusia or municipalities when legally required and maintain same in full force and effect during the term of this Agreement. 14.5 Nondiscrimination and Americans with Disabilities Act. Contractor shall not unlawfully discriminate against any person in the operations and activities in the use or expenditure of the funds or any portion of the funds provided by this Agreement. Contractor agrees it shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act(ADA) in the course of providing all Services funded by County, including Titles I, II and III of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. If the County, the Department of Justice or other governmental entity tasked with the enforcement of the ADA ("Enforcement Agency") notes any deficiency in the facilities, practices, services, or operations of the Contractor furnished or provided in connection with this Agreement, Contractor shall, at no additional charge or cost to the County, immediately cure any such deficiencies without delay to the satisfaction of such Enforcement Agency. Contractor further agrees that it shall, to the extent permitted by law, indemnify, defend, and hold harmless the County against any and all claims, sanctions, or penalties assessed against the County, which claims, sanctions, or penalties arise or otherwise result from Contractor's failure to comply with the ADA. In performing under this Agreement, Contractor agrees that it shall not commit an unfair employment practice in violation of any state or federal law and that it shall not discriminate against any member of the public, employee or applicant for employment for work under this Agreement because of race, color, religion, gender, sexual orientation, age, national origin, political affiliation, or disability and will take affirmative steps to ensure that applicants are employed - and employees are treated during employment without regard to race, color, religion, gender, sexual orientation, age, Agreement.docx Page 16 of 23 Page 773 of 1675 national origin, political affiliation, or disability. 14.6 Druq Free Workplace. The County of Volusia is a drug-free and smoke-free workplace. Contractor agrees that it shall provide a drug-free environment to its personnel during the Term of this Agreement and will comply, subject to the prior receipt thereof, with the County's policies on drug-free and smoke-free work place during the term of this Agreement. 14.7 Employment of Illegal Aliens. Contractor certifies that it does not knowingly or willingly and will not during the performance of the Agreement employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986, as amended. 14.8 Prohibition Against Contingent Fees. 14.8.1 The Contractor warrants that he or she or it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he or she or it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, compensation, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the County shall have the right to terminate this Agreement without liability and, at its sole discretion, to deduct from the Agreement price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 14.8.2 Contractor understands and acknowledges that any individual, corporation, partnership, firm, or company, other than a bona fide employee working solely for the Contractor, who offers, agrees, or contracts to solicit or secure County contracts for professional Services for any other individual, company, corporation, partnership, or firm and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or the making of an agreement for professional Services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in Sections 775.082 or 775.083 of the Florida Statutes. 14.8.3 Contractor understands and acknowledges that any individual, corporation, partnership, firm, or company, other than a bona fide employee working solely for the Contractor, who offers, agrees, or contracts to solicit or secure County contracts for professional Services for any other individual, company, corporation, partnership, or firm and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or the making of an agreement for professional Services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in Sections 775.082 or 775.083 of the Florida Statutes. Agreement.docx Page 17 of 23 Page 774 of 1675 14.8.4 Any County official, agent or employee who offers to solicit or secure, or solicits or secures, an agreement for professional Services and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon the award or making of such an agreement for professional Services between the County and any individual person, company, firm, partnership, or corporation shall, upon conviction by a court of competent authority, be found guilty of a first degree misdemeanor, punishable as provided in Sections 775.082 or 775.083 of the Florida Statues. 14.9 Equal Opportunity, Disadvantaged Business Enterprises. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading or promotion, demotion, transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 15 MISCELLANEOUS PROVISIONS 15.1 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 Contractor. In providing such Services, neither Contractor nor its agents shall act as officers, employees, or agents of the County. No partnership, joint venture, or other joint relationship is created hereby. County does not extend to Contractor or Contractor's agents any authority of any kind to bind County in any respect whatsoever. 15.2 Third Party Beneficiaries. Neither Contractor nor County intends to directly or substantially benefit a third party by this Agreement. The Parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. Therefore, the Parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement, except as otherwise provided in this Agreement. 15.3 Notice. All notice required under this Agreement shall be in writing and shall be sent by certified United States Mail or national parcel service, postage prepaid, return receipt requested, or by hand-delivery with a written receipt of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: Agreement.docx Page 18 of 23 ?age 775 of 1675 In the case of County: with a copies of legal notices to: County of Volusia County of Volusia Attn: Director of Purchasing & Contracts Attn: County Attorney Address: 123 W. Indiana Ave., Rm. 302 Address: 123 W. Indiana Ave., Rm. 301 DeLand, Florida 32720 DeLand, Florida 32720 Phone: 386-736-5935 Phone: 386-736-5950 In the case of Contractor: with a copy of legal notices to: Advanced Data Processing, Inc. Intermedix Corp. a Subsidiary of Intermedix Corp. Attn: Vice President EMS Business Dev. Attn: Legal Dept. Address: 6451 N. Federal Hwy, Suite 1000 6451 N. Federal Hwy, Suite 1000 Ft. Lauderdale, FL 33308 Ft. Lauderdale, FL 33308 Phone: 513-225-6613 15.4 Assignment. Contractor may not assign or otherwise convey Contractor's rights and/or obligations under this Agreement without obtaining County's prior written consent, which consent County may withhold, limit and/or condition in County's sole discretion, including, but not limited to, requiring the Contractor or his/her proposed successor in interest to post a performance bond. Any consent by the County under this Section shall be by written amendment to the Agreement in a form and substance specified by the County in its sole discretion. If Contractor desires to assign or otherwise convey its rights and/or obligations under this Agreement, Contractor shall, no less than thirty (30) days prior to the assignment's proposed effective date, provide County with a written request for County's consent. Failure to provide such notice may result in the County assessing a processing fee of Five Hundred Dollars (US $500.00); however, payment of such fee shall not entitle the Contractor to the County's acceptance or approval of its request for assignment. Failure by the Contractor to obtain the County's consent in accordance with this Section prior to assignment or other conveyance shall: 1) constitute a material breach of the Contract; and 2) entitle the County utilize any and all legal rights, claims, and defenses to enforce this Section, including, but not limited to, seeking injunctive or declaratory relief and damages, including attorneys' fees and costs. Payment of any sum by the County in accordance with the Agreement to the Contractor or any person or entity prior to the Contractor obtaining the County's consent to the assignment shall not constitute a waiver of the rights of the County under this Section 15.4. Nothing herein shall preclude the right of the County to waive its rights under this Section but no waiver shall be granted by the County without a written and duly executed amendment to the Agreement. 15.5 Conflicts. Neither Contractor nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment related to its performance under this Agreement. Contractor further agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against County in any legal or administrative proceeding, unless Agreement.docx Page 19 of 23 Page 776 of 1675 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 County 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 Subcontractors, by written Agreement, to comply with the provisions of this section to the same extent as Contractor. 15.6 Audit Right and Retention of Records. The County shall have the right to audit the books, records, and accounts of Contractor and its Subcontractors that are related to this Agreement. The Contractor and its Subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Agreement. The Contractor shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a retention period of five (5) years after completion or termination of this Agreement, and any renewals, as required by Item 65, General Records Schedule GS1-SL for state and Local Government Agencies, effective February 19, 2015 and the Florida Public Records Act (Chapter 119, Florida Statutes). Contractor shall, by written contract, require its Subcontractors to agree to the requirements and obligations of this Section 15.6. Audits will be subject to applicable privacy and confidentiality laws and regulations and Contractor's privacy and confidentiality policies and procedures. All audits must be performed at Contractor's home office in Ft. Lauderdale, FL. Nothing in this section 15.6 shall require Contractor to violate any laws applicable to Contractor as a provider of Public Emergency Medical Transportation (PEMT) Programs. 15.7 Location of County Data. Contractor shall not out-source any development and/or support for this Agreement or transfer any County Data outside the territorial limits of the United States of America, without the written approval of the Contract Administrator. 15.8 References to County or Contractor. Contractor agrees that during the term of this Agreement, except as provided herein, Contractor may not reference County in Contractor's website, and/or press releases, and may not place County's name and logo on Contractor's Web site or in collateral marketing materials relating to Contractor's products and Services without prior review and written approval by County. Further, Contractor agrees that it may not use County's name, logo or any trademarks (including in any press releases, customer "case studies," and the like) without County's prior written consent. Termination or expiration of this Agreement shall not affect Contractor's obligation in this regard and such obligation shall survive the termination or cancellation of this Agreement. 15.9 Force Maieure. Neither party shall be liable for any failure or delay in the performance of its obligations under the Agreement to the extent such failure or delay necessarily results from the occurrence of a Force Majeure Event beyond the control or reasonable anticipation of either party, including, but not limited to, compliance with any Agreement.docx Page 20 of 23 Page 777 of 1675 unanticipated government law or regulation not otherwise in effect at the time of execution of this Agreement, acts of God, unforeseeable governmental acts or omissions, fires, strikes, natural disasters, wars, riots, transportation problems, and/or any other unforeseeable cause whatsoever beyond the reasonable control of the parties (and such cause being referred to as a "Force Majeure Event"). Accordingly, the parties further agree that: 15.9.1 Upon the occurrence of Force Majeure Event, the non-performing party shall be excused from any further performance of those obligations under this Agreement that are affected by the Force Majeure Event for as long as (a) the Force Majeure Event continues; and (b) the non-performing party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. 15.9.2 Upon the occurrence of a Force Majeure Event, the non-performing party shall notify the other party of the occurrence of such event and describe in reasonable detail the effect(s) of such event upon the party's performance of its obligations and duties pursuant to this Agreement. Such notice shall be delivered or otherwise communicated to the other party within two (2) business days following the failure or delay caused by the Force Majeure Event, or as soon as possible after such failure or delay if the Force Majeure Event precludes the non-performing party from providing notice within such time period. 15.9.3 In the event of a Force Majeure Event,the time for performance by the parties under the applicable Scope of Services shall be extended for a period of time equal to the time lost by reason of such cause through execution of a change order pursuant to the terms of the Agreement. 15.10 Waiver of Breach and Materiality. 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. 15.11 Severance. In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective to the extent practicable unless County or Contractor elects to terminate this Agreement. 15.12 Entire Agreement. This Agreement contains the entire agreement between Contractor and County. Any modifications to this Agreement shall not be binding unless in writing and signed by both parties. 15.13 Applicable Law, Venue and Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Jurisdiction over and venue for any controversies or legal issues arising out of this Agreement shall be exclusively in the state courts of the Judicial Circuit of County of Volusia, Florida, unless one or more causes of action are solely cognizable in federal court, in which case, venue for and jurisdiction over such dispute(s) shall be Agreement.docx Page 21 of 23 F Page 778 of 1675 in the Middle District of Florida, Orlando Division. By entering into this Agreement, Contractor and County hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Agreement, and, unless otherwise expressly provided herein, each agrees to bear its own costs and attorney's fees relating to any dispute arising under this Agreement. 15.14 Prior Agreements. This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings 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. 16 All provisions of this Agreement which impose or contemplate continuing obligations on a party shall survive the expiration or termination of this Agreement. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Agreement.docx Page 22 of 23 Page 779 of 1675 17 SIGNATURES IN WITNESS WHEREOF, the parties have made and executed this Agreement for a Public Emergency Medical Transportation (PEMT) Program on the date last written below. Attest: COUNTY OF VOLUSIA tl� _,/_ BY: -- _ - �---�-- . �w Ja s T. ne Ed Kelley my Manager County Ch it Date: Date: h v j Attest: ADVANCED DATA PROCESSING, INC. A SUBSIDIARY OF INTERMEDIX CORPORATION _ 0 Signature's Signature _{teeS(2. Name and�f tle Brad Williams Vice President and Chief 1 Administrative Officer Date: f !( Date: CC Date: o7 AUeementdoex Page 23 of 23 Page 780 of 1675 EXHIBIT A SCOPE OF SERVICES For Public Emergency Medical Transportation (PEMT) Program A. County of Volusia's Emergency Medical Services (EMS) Division provides countywide ambulance and medical services some of which will qualify for the PEMT Program for Medicaid. The County must comply with both U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH)Act and as such, Contractor shall comply. 1. Contractor activities shall comply with the Standards for Privacy of Individually Identifiable Health Information, Health Insurance Reform Security Standards that is published by the HIPAA, and Gramm-Leach-Bliley Act (GLB) and Business Associate Agreement -Exhibit C. 2. Contractor shall consider all data provided as confidential information. Contractor . shall not release any confidential information without prior written consent from the County. 3. Contractor shall inform the County, according to HIPAA guidelines, of any breach of confidential information. This includes unintentional data breaches such as mailing to unintended recipients. B. The County of Volusia (County) provides emergency medical transports to approximately seven hundred (700) Medicaid patients each year and the Contractor shall complete the required paperwork for the County to participate in the Public Emergency Medical Transports (PEMT) Program. C. This Program provides for supplemental payments for allowable costs that are in excess of other Medicaid revenue received for emergency medical transportation services to Medicaid eligible recipients. D. The Contractor shall be familiar with the PEMT Program in the State of Florida and all the rules, regulations and requirements associated with the Program. E. The Contractor shall have the knowledge, skills, and ability to fully complete the required cost reports to the Agency for Health Care Administration (AHCA) within the time frame prescribed by the AHCA. F. Contractor shall have knowledge of the data and cost reporting principles specified in Chapter 401, Florida Statutes. G. Contractor shall have knowledge and experience in the completion of all ten(10) Schedules as required by the Program. 1 P\Becki\2017 Solicitations\17-SQ-68BB\Contract\Exhibit A,Scope of Services Page 781 of 1675 H. The County will provide the Contractor with all of the required data needed to complete the Schedules;however,the Contractor is responsible for accurate completion of the Schedules. I. Contractor shall be able to accept from the County, in electronic submission form, all information via a secure connection in accordance with the Health Insurance Portability and Accountability Act (HIPAA). J. If the completed cost report is rejected by the AHCA, Contractor shall work with the County to make the necessary corrections and/or modifications and resubmit the report before the required filing deadline. K. Contractor agrees to receive compensation for contracted Services on a contingency fee basis. This compensation will be based on payments received by the County under the PEMT Program. L. If,as a result of an audit by ACHA,a refund is required by the County,the Contractor agrees to return the portion of the compensation fee that was paid on the amount being refunded. 2 P\Becki\2017 Sol icitations\17-SQ-68BB\Contract\Exhibit A,Scope of Services Page 782 of 1675 Exhibit B Insurance Requirements 1. Required Types of Insurance The Contractor shall purchase and maintain at its own expense, during the term of the Agreement,the types and amounts of insurance with limits no less than those shown below, in the form and from companies satisfactory to the County are detailed in Figure I below. Figure 1 is a listing and general summary of insurance policies required and is not intended to be comprehensive as to the requirements of each specific policy. Contractors shall review the additional requirements in this Exhibit B and ensure that the insurance policies comply with the specific terms and conditions therein. Figure 1: TYPE OF INSURANCE WORKERS COMPENSATION Florida Statutory Coverage ®Waiver of Subrogation ❑Longshore&Harbor Workers' Act,Jones Act,& Maritime Coverage Endorsement COMMERCIAL GENERAL LIABILITY - Broad EACH OCCURRENCE $ 1,000,000 form fo Occurrence Basis GENERAL AGGREGATE $2,000,000 ®Blanket Contractual Liability Premises-Operations $ 1,000,000 ®County Additional Insured ❑County Additional Named Insured Products&Completed Ops $1,000,000 ®Waiver of Subrogation ❑Independent Contractors Personal&Adv Inj. $1,000,000 ❑Blanket additional insured endorsement Fire Damage $ ❑Project specific ❑Location specific ❑XCU $ El AUTO LIABILITY Combined Single Limit $300,000 ®Any Auto Bodily Injury(Per person) $ ❑Broadened Pollution Liability Endorsement CA 99 48 03 06 Bodily Injury(Per accident) $ ❑MCS 90 Property Damage(Per ❑County Additional Insured Accident) $ EJ Note:If contractor does not own any vehicles, Contractor shall have coverage symbol 8(Hired Autos) and coverage symbol 9(Non-Owned Autos). ®PROFESSIONAL LIABILITY $1,000,000 ®Cyber Insurance ®Privacy Liability $5,000,000 ®Regulatory Actions&Investigations ®Privacy Breach Notifications B-1 Page 783 of 1675 CANCELLATION: Thirty(30)days written notice of cancellation is required to the Certificate Holder: Certificate Holder: County of Volusia Purchasing&Contracts Division 123 W.Indiana Avenue,Room 302 DeLand,FL 32720 ATTN:Rebecca Bishop A. Claims Made Basis Insurance Policies. All insurance policies written on a Claims Made Form shall maintain a retroactive date prior to or equal to the effective date of the Agreement. The Contractor shall purchase a Supplemental Extended Reporting Period("SERP")with a minimum reporting period of not less than three (3) years in the event the policy is canceled, not renewed, switched to occurrence form, or any other event which requires the purchase of a SERP to cover a gap in insurance for claims which may arise under or related to the Agreement. The Contractor's purchase of the SERP shall not relieve the Contractor of the obligation to provide replacement coverage. In addition, the Contractor shall require the carrier to immediately inform the Contractor, the County Risk Manager, and the Purchasing and Contracts Division of any contractual obligations that may alter its professional liability coverage under the Agreement. B. Risk Retention Groups and Pools. Contractor shall not obtain an insurance policy required under this Agreement from a Risk Retention Group or Pool. C. Minimum Required Policies and Limits. Minimum underlying policies, coverages, and limits shall include all policies listed in Figure 1. D. Additional Insured, Policies, Coverages, Limits, Primary and Non-Contributory Basis.Under all insurance policies where the County is required to be an additional insured, the coverage and limits provided to the County under Contractor's insurance policies shall be that listed in Figure I or the Contractor's actual limits, whichever is higher. All coverage provided to the County as an additional insured by said policies shall be primary and shall not be additional to or contributing with any other insurance carried by or for the benefit of the County with any other insurance available to the County. E. If the services provided require the disposal of any hazardous or non-hazardous materials off the job site, the disposal site operator must furnish a certificate of insurance for Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under the Agreement. F. Workers' Compensation. Workers' Compensation insurance is required for all employees of the Contractor, employed or hired to perform or provide work or services under the Agreement or that is in any way connected with work or services performed under the Agreement, without exclusion for any class of employee, and shall comply fully with the Florida Workers' Compensation Law (Chapter 440, Florida Statutes, Workers' Compensation Insurance) and include Employers' B-2 Page 784 of 1675 Liability Insurance with limits no less than the statutory. Policy shall include a waiver of subrogation in favor of the County. i. Contractor and its Subcontractors, or any associated or subsidiary company doing work on County property or under the Agreement must be named in the Workers' Compensation coverage or provide proof of their own Workers' Compensation coverage, without exclusion of any class of employee, and with a minimum of the statutory limits per occurrence for Employer's liability coverage. Further, if the Contractor's Subcontractors fail to obtain Workers' Compensation insurance and a claim is made against the County by the uncovered employee of said Subcontractor of the Contractor, the Contractor shall indemnify, defend, and hold harmless the County from all claims for all costs including attorney's fees and costs arising under said employee(s)Workers' Compensation insurance claim(s). G. Commercial General Liability Insurance. The Contractor shall acquire and maintain Commercial General Liability insurance, with limits of not less than the amounts shown above. Contractor shall not obtain an insurance policy wherein the policy limits are reduced by defense and claim expenses. Such insurance shall be issued on an occurrence basis and include coverage for the Contractor's operations, independent Contractors, Subcontractors and "broad form" property damage coverages protecting itself, its employees, agents, Contractors or subsidiaries, and their employees or agents for claims for damages caused by bodily injury,property damage, or personal or advertising injury, and products liability/completed operations including what is commonly known as groups A,B,and C. Such policies shall include coverage for claims by any person as a result of actions directly or indirectly related to the employment of such person or entity by the Contractor or by any of its Subcontractors arising from work or services performed under the Agreement. Public liability coverage shall include either blanket contractual insurance or a designated contract contractual liability coverage endorsement, indicating expressly the Contractor's Agreement to indemnify, defend and hold harmless the County as provided in the Agreement. The commercial general liability policy shall provide coverage to County when it is required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office,without the attachment of any endorsements excluding or limiting coverage for Bodily Injury,Property Damage, Products/Completed Operations, Independent Contractors, Property of County in Contractor's Care, Custody or Control or Property of County on which contracted operations are being performed, Explosion, Collapse or Underground hazards (XCU Coverage, Contractual Liability or Separation of Insureds. When County is added as additional insured by endorsement, ISO Endorsements CG 20 10 and CG 20 37 or their equivalent shall be used and shall provide such additional insured status that is at least as broad as ISO form CG 20 10 11 85. If County has agreed by separate contract to require Contractor to name another party as an additional insured, Contractor shall add said party as an additional insured to the commercial general liability policy by ISO Endorsement CG 20 38. Contractor shall require its subcontractors performing B-3 Page 785 of 1675 work under this Agreement to add the County and any other party that the County has agreed by separate contract to require Contractor to name as an additional insured to their Commercial General Liability policy as an additional insured by ISO Endorsement CG 20 38.All commercial general liability policies shall provide a waiver of subrogation in favor of the County and any other party required by this Agreement to be named as an additional insured. H. Motor Vehicle Liability. The Contractor shall secure and maintain during the term of the Agreement motor vehicle coverage in the split limit amounts of no less than the amounts shown in Figure I per person,per occurrence for bodily injury and for property damage or a combined single limit of the amount shown above with "Any Auto", Coverage Symbol 1, providing coverage for all autos operated regardless of ownership, and protecting itself, its employees, agents or lessees, or subsidiaries and their employees or agents against claims arising from the ownership, maintenance, or use of a motor vehicle. The County shall be an additional insured under this policy when required in Figure 1. I. Professional Liability. The Contractor shall ensure that it secures and maintains, during the term of the Agreement, Professional Liability insurance with limits of no less than the amount shown above. Such policy shall cover all the Contractor's or its Subcontractor's professional liabilities whether occasioned by the Contractor or its Subcontractors,or its agents or employees[and broad enough to include errors and omissions specific to Contractor's professional liability for direct and contingent design errors and Arch itect's/Engineers professional liability with no exclusions for design-build work]. The County shall be an additional insured under this policy when required in Figure 1. If the Contractor fails to secure and maintain the professional liability insurance coverage required herein,the Contractor shall be liable to the County and agrees to indemnify, defend, and hold harmless the County against all claims, actions, losses or damages that would have been covered by such insurance. J. Cyber Insurance. The Contractor shall secure and maintain during the term of the Agreement data privacy and network security liability insurance,with a limit of not less than the amounts shown above with an aggregate limit and per occurrence basis, with coverage for(a) data breaches by the Contractor or anyone causing the loss of use of electronic data; loss of personally identifiable information or County confidential information; violations of privacy regulations associated with the control and use of personally identifiable financial, medical or other sensitive information including but not limited to HITECH; HIPPA; Gramm-Leach Bliley Act of 1999; Florida Breach of Security Act (Section 817.5681, Florida Statutes (2012); the Federal Trade Commission Act (15 U.S.C. 45(a)); violations of the identity Red Flags under the Fair and Accurate Credit Transactions Act of 2003; (c) violations of any state, federal or foreign identity theft or privacy protection, notification and credit monitoring statutes(including any amendments thereto); (d) online defamation, advertising, libel, and slander-related exposures as well as emerging Web 2.0 liabilities created by casual users of third parties accessing Contractor's web site(s) or computer systems through eMedia and the Internet; (e) network security breaches for failure of security measures to prevent a denial of B-4 Page 786 of 1675 service, unauthorized access, theft of electronic data, and inadvertent transmission of a virus or other malicious code; (f) infringement of intellectual property rights (e.g.,patent,copyright,or trademark)in any telecommunications medium(e.g.,cell phones, modems, text, videos, images, blogs, etc.) which result in a loss of County revenue or expense to the County due to a covered network outage or computer system loss; (f) cyber investigation expense incurred to investigate a data privacy or network security wrongful act; and, (g) cyber extortion for expenses incurred in the event of an extortion threat to cause a data privacy or network security wrongful act. K. Primary and Excess Coverage. Any insurance required may be provided by primary and excess insurance policies. 2. Insurance Requirements A. General Insurance Requirements: i. All insurance policies shall be issued by insurers licensed and/or duly authorized under Florida Law to do business in the State of Florida and all insuring companies are required to have a minimum rating of A- and a Financial category size of VIII or greater in the "Best Key Rating Guide" published by A.M. Best & Company, Inc. ii. Approval by County of any policy of insurance shall not relieve Contractor from its responsibility to maintain the insurance coverage required herein for the performance of work or services by the Contractor or its Subcontractors for the entire term of the Agreement and for such longer periods of time as may be required under other clauses of the Agreement. iii. Waiver of Subrogation. The Contractor hereby waives all rights against the County and its Subcontractors for damages by reason of any claim,demand, suit or settlement (including workers' compensation) for any claim for injuries or illness of anyone, or perils arising out of the Agreement. The Contractor shall require similar waivers from all its Subcontractors. Contractor's insurance policies shall include a waiver of subrogation in favor of the County. This provision applies to all policies of insurance required under the Agreement (including Workers' Compensation, and general liability). iv. County Not Liable for Paying Deductibles. For all insurance required by Contractor, the County shall not be responsible, or liable for paying deductibles for any claim arising out of or related to the Contractor's business or any Subcontractor performing work or services on behalf of the Contractor or for the Contractor's benefit under the Agreement. V. Cancellation Notices. During the term of the Agreement, Contractor shall be responsible for promptly advising and providing the County Risk Manager and the Purchasing and Contracts divisions with copies of notices of cancellation or any other changes in the terms and conditions of the B-5 Page 787 of 1675 original insurance policies approved by the County under the Agreement within two (2) business days of receipt of such notice or change. vi. Deductibles Contractors that maintain and administer a self-insured retention or a large deductible program exceeding the insurance requirements listed in this solicitation using a formal program to fund either program may submit an exception in accordance with Section 3.8 of RSQ #17-SQ-68BB, Questions, Exceptions, and Addenda, to be considered for this solicitation. The request must include a summary of the program's design, funding method, and the program's supporting financial information. If additional information is necessary,the County will request more specific information, which must be provided by the Contractor. The County''-s Risk Manager will review the information submitted and determine whether the program is acceptable to the County. Contractors with no formal risk management program in place to manage and fund deductibles or self-insured retentions may not be considered. Subject to County approval, Contractor may obtain a letter of credit in the amount equivalent to the deductible,which shall remain in effect during the term of the Agreement at no additional cost to the County. 3. Proof of Insurance A. The Contractor shall be required to furnish evidence of all required insurance in the form of certificates of insurance, which shall clearly outline all hazards covered as itemized herein, the amounts of insurance applicable to each hazard and the expiration dates. B. The Contractor shall furnish proof of insurance acceptable to the County prior to or at the time of execution of the Agreement and the Contractor shall not commence work or provide any service until the Contractor has obtained all the insurance required under the Agreement and such insurance has been filed with and approved by the County. Upon request from the County, the Contractor shall furnish copies of all requested policies and any changes or amendments thereto, immediately, to the County, the County Risk Manager, and Purchasing and Contracts Divisions, prior to the commencement of any contractual obligations. The Agreement may be terminated by the County, without penalty or expense to County, if at any time during the term of the Agreement proof of any insurance required hereunder is not provided to the County. C. All certificates of insurance shall clearly indicate that the Contractor has obtained insurance of the type, amount and classification required by this Section. No work or services by Contractor or its Subcontractors shall be commenced until County has approved these policies or certificates of insurance. Further, the Contractor agrees that the County shall make no payments pursuant to the terms of the Agreement until all required proof or evidence of insurance has been provided to B-6 Page 788 of 1675 the County. The Agreement may be terminated by the County, without penalty or expense, if proof of any insurance required hereunder is not provided to the County. D. The Contractor shall file replacement certificates with the County at the time of expiration or termination of the required insurance occurring during the term of the Agreement. In the event such insurance lapses, the County expressly reserves the right to renew the insurance policies at the Contractor's expense or terminate the Agreement but County has no obligation to renew any policies. 4. The provisions of this Exhibit B, shall survive the cancellation or termination of the Agreement. B-7 Page 789 of 1675 Exhibit B Insurance Requirements 1. Required Types of Insurance The Contractor shall purchase and maintain at its own expense, during the term of the Agreement,the types and amounts of insurance with limits no less than those shown below, in the form and from companies satisfactory to the County are detailed in Figure I below. Figure I is a listing and general summary of insurance policies required and is not intended to be comprehensive as to the requirements of each specific policy. Contractors shall review the additional requirements in this Exhibit B and ensure that the insurance policies comply with the specific terms and conditions therein. Figure 1: TYPE OF INSURANCE WORKERS COMPENSATION Florida Statutory Coverage ®Waiver of Subrogation ❑Longshore&Harbor Workers' Act,Jones Act,& Maritime Coverage Endorsement COMMERCIAL GENERAL LIABILITY - Broad EACH OCCURRENCE $ 1,000,000 form GENERAL AGGREGATE $2,000,000 ®Occurrence Basis ®Blanket Contractual Liability Premises-Operations $ 1,000,000 ®County Additional Insured ❑County Additional Named Insured Products&Completed Ops $1,000,000 ®Waiver of Subrogation Personal&Adv Inj. $1,000,000 ❑Independent Contractors ❑Blanket additional insured endorsement Fire Damage $ ❑Project specific ❑Location specific ❑XCU $ AUTO LIABILITY Combined Single Limit $300,000 ®Any Auto Bodily Injury(Per person) $ ❑Broadened Pollution Liability Endorsement CA 99 48 03 06 Bodily Injury(Per accident) $ ❑MCS 90 Property Damage(Per ❑County Additional Insured Accident) $ Note:If contractor does not own any vehicles, Contractor shall have coverage symbol 8(Hired Autos) and coverage symbol 9(Non-Owned Antos). ®PROFESSIONAL LIABILITY $1,000,000 ®Cyber Insurance ®Privacy Liability $5,000,000 ®Regulatory Actions&Investigations ®Privacy Breach Notifications B-1 Page 790 of 1675 CANCELLATION: Thirty(30)days written notice of cancellation is required to the Certificate Holder: Certificate Holder: County of Volusia Purchasing&Contracts Division 123 W. Indiana Avenue, Room 302 Deland, FL 32720 ATTN: Rebecca Bishop A. Claims Made Basis Insurance Policies. All insurance policies written on a Claims Made Form shall maintain a retroactive date prior to or equal to the effective date of the Agreement. The Contractor shall purchase a Supplemental Extended Reporting Period ("SERP")with a minimum reporting period of not less than three (3) years in the event the policy is canceled, not renewed, switched to occurrence form, or any other event which requires the purchase of a SERP to cover a gap in insurance for claims which may arise under or related to the Agreement. The Contractor's purchase of the SERP shall not relieve the Contractor of the obligation to provide replacement coverage. In addition, the Contractor shall require the carrier to immediately inform the Contractor, the County Risk Manager, and the Purchasing and Contracts Division of any contractual obligations that may alter its professional liability coverage under the Agreement. B. Risk Retention Groups and Pools. Contractor shall not obtain an insurance policy required under this Agreement from a Risk Retention Group or Pool. C. Minimum Required Policies and Limits. Minimum underlying policies, coverages, and limits shall include all policies listed in Figure 1. D. Additional Insured Policies Coverages Limits Primary and Non-Contributory Basis. Under all insurance policies where the County is required to be an additional insured, the coverage and limits provided to the County under Contractor's insurance policies shall be that listed in Figure 1 or the Contractor's actual limits, whichever is higher. All coverage provided to the County as an additional insured by said policies shall be primary and shall not be additional to or contributing with any other insurance carried by or for the benefit of the County with any other insurance available to the County. E. If the services provided require the disposal of any hazardous or non-hazardous materials off the job site, the disposal site operator must furnish a certificate of insurance for Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under the Agreement. F. Workers' Compensation. Workers' Compensation insurance is required for all employees of the Contractor, employed or hired to perform or provide work or services under the Agreement or that is in any way connected with work or services performed under the Agreement, without exclusion for any class of employee, and shall comply fully with the Florida Workers' Compensation Law (Chapter 440, Florida Statutes, Workers' Compensation Insurance) and include Employers' B-2 Page 791 of 1675 Liability Insurance with limits no less than the statutory. Policy shall include a waiver of subrogation in favor of the County. i. Contractor and its Subcontractors, or any associated or subsidiary company doing work on County property or under the Agreement must be named in the Workers' Compensation coverage or provide proof of their own Workers' Compensation coverage, without exclusion of any class of employee, and with a minimum of the statutory limits per occurrence for Employer's liability coverage. Further, if the Contractor's Subcontractors fail to obtain Workers' Compensation insurance and a claim is made against the County by the uncovered employee of said Subcontractor of the Contractor, the Contractor shall indemnify, defend, and hold harmless the County from all claims for all costs including attorney's fees and costs arising under said employee(s) Workers' Compensation insurance claim(s). G. Commercial General Liability Insurance. The Contractor shall acquire and maintain Commercial General Liability insurance, with limits of not less than the amounts shown above. Contractor shall not obtain an insurance policy wherein the policy limits are reduced by defense and claim expenses. Such insurance shall be issued on an occurrence basis and include coverage for the Contractor's operations, independent Contractors, Subcontractors and "broad form" property damage coverages protecting itself, its employees, agents, Contractors or subsidiaries, and their employees or agents for claims for damages caused by bodily injury,property damage, or personal or advertising injury, and products liability/completed operations including what is commonly known as groups A,B,and C. Such policies shall include coverage for claims by any person as a result of actions directly or indirectly related to the employment of such person or entity by the Contractor or by any of its Subcontractors arising from work or services performed under the Agreement. Public liability coverage shall include either blanket contractual insurance or a designated contract contractual liability coverage endorsement, indicating expressly the Contractor's Agreement to indemnify, defend and hold harmless the County as provided in the Agreement. The commercial general liability policy shall provide coverage to County when it is required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of any endorsements excluding or limiting coverage for Bodily Injury, Property Damage, Products/Completed Operations, Independent Contractors, Property of County in Contractor's Care, Custody or Control or Property of County on which contracted operations are being performed, Explosion, Collapse or Underground hazards (XCU Coverage, Contractual Liability or Separation of Insureds. When County is added as additional insured by endorsement, ISO Endorsements CG 20 10 and CG 20 37 or their equivalent shall be used and shall provide such additional insured status that is at least as broad as ISO form CG 20 10 11 85. If County has agreed by separate contract to require Contractor to name another party as an additional insured, Contractor shall add said parry as an additional insured to the commercial general liability policy by ISO Endorsement CG 20 38. Contractor shall require its subcontractors performing B-3 Page 792 of 1675 work under this Agreement to add the County and any other party that the County has agreed by separate contract to require Contractor to name as an additional insured to their Commercial General Liability policy as an additional insured by ISO Endorsement CG 20 38. All commercial general liability policies shall provide a waiver of subrogation in favor of the County and any other party required by this Agreement to be named as an additional insured. H. Motor Vehicle Liability. The Contractor shall secure and maintain during the term of the Agreement motor vehicle coverage in the split limit amounts of no less than the amounts shown in Figure I per person,per occurrence for bodily injury and for property damage or a combined single limit of the amount shown above with"Any Auto", Coverage Symbol 1, providing coverage for all autos operated regardless of ownership, and protecting itself, its employees, agents or lessees, or subsidiaries and their employees or agents against claims arising from the ownership, maintenance, or use of a motor vehicle. The County shall be an additional insured under this policy when required in Figure 1. 1. Professional Liability. The Contractor shall ensure that it secures and maintains, during the term of the Agreement, Professional Liability insurance with limits of no less than the amount shown above. Such policy shall cover all the Contractor's or its Subcontractor's professional liabilities whether occasioned by the Contractor or its Subcontractors,or its agents or employees [and broad enough to include errors and omissions specific to Contractor's professional liability for direct and contingent design errors and Architect's/Engineers professional liability with no exclusions for design-build work]. The County shall be an additional insured under this policy when required in Figure 1. If the Contractor fails to secure and maintain the professional liability insurance coverage required herein, the Contractor shall be liable to the County and agrees to indemnify, defend, and hold harmless the County against all claims, actions, losses or damages that would have been covered by such insurance. J. Cyber Insurance. The Contractor shall secure and maintain during the term of the Agreement data privacy and network security liability insurance,with a limit of not less than the amounts shown above with an aggregate limit and per occurrence basis, with coverage for (a) data breaches by the Contractor or anyone causing the loss of use of electronic data; loss of personally identifiable information or County confidential information; violations of privacy regulations associated with the control and use of personally identifiable financial, medical or other sensitive information including but not limited to HITECH; HIPPA; Gramm-Leach Bliley Act of 1999; Florida Breach of Security Act (Section 817.5681, Florida Statutes (2012); the Federal Trade Commission Act (15 U.S.C. 45(a)); violations of the identity Red Flags under the Fair and Accurate Credit Transactions Act of 2003; (c) violations of any state, federal or foreign identity theft or privacy protection, notification and credit monitoring statutes (including any amendments thereto); (d) online defamation, advertising, libel, and slander-related exposures as well as emerging Web 2.0 liabilities created by casual users of third parties accessing Contractor's web site(s) or computer systems through eMedia and the Internet; (e) network security breaches for failure of security measures to prevent a denial of B-4 Page 793 of 1675 service, unauthorized access, theft of electronic data, and inadvertent transmission of a virus or other malicious code; (f) infringement of intellectual property rights (e.g.,patent,copyright,or trademark)in any telecommunications medium(e.g.,cell phones, modems, text, videos, images, blogs, etc.) which result in a loss of County revenue or expense to the County due to a covered network outage or computer system loss; (f) cyber investigation expense incurred to investigate a data privacy or network security wrongful act; and, (g) cyber extortion for expenses incurred in the event of an extortion threat to cause a data privacy or network security wrongful act. K. Primary and Excess Coverage. Any insurance required may be provided by primary and excess insurance policies. 2. Insurance Requirements A. General Insurance Requirements: i. All insurance policies shall be issued by insurers licensed and/or duly authorized under Florida Law to do business in the State of Florida and all insuring companies are required to have a minimum rating of A- and a Financial category size of VIII or greater in the "Best Key Rating Guide" published by A.M. Best & Company, Inc. ii. Approval by County of any policy of insurance shall not relieve Contractor from its responsibility to maintain the insurance coverage required herein for the performance of work or services by the Contractor or its Subcontractors for the entire term of the Agreement and for such longer periods of time as may be required under other clauses of the Agreement. iii. Waiver of Subrogation. The Contractor hereby waives all rights against the County and its Subcontractors for damages by reason of any claim,demand, suit or settlement (including workers' compensation) for any claim for injuries or illness of anyone, or perils arising out of the Agreement. The Contractor shall require similar waivers from all its Subcontractors. Contractor's insurance policies shall include a waiver of subrogation in favor of the County. This provision applies to all policies of insurance required under the Agreement (including Workers' Compensation, and general liability). iv. County Not Liable for Paving Deductibles. For all insurance required by Contractor, the County shall not be responsible or liable for paying deductibles for any claim arising out of or related to the Contractor's business or any Subcontractor performing work or services on behalf of the Contractor or for the Contractor's benefit under the Agreement. V. Cancellation Notices. During the term of the Agreement, Contractor shall be responsible for promptly advising and providing the County Risk Manager and the Purchasing and Contracts divisions with copies of notices of cancellation or any other changes in the terms and conditions of the B-5 Page 794 of 1675 original insurance policies approved by the County under the Agreement within two (2) business days of receipt of such notice or change. vi. Deductibles Contractors that maintain and administer a self-insured retention or a large deductible program exceeding the insurance requirements listed in this solicitation using a formal program to fund either program may submit an exception in accordance with Section 3.8 of RSQ #17-SQ-68BB, Questions, Exceptions, and Addenda, to be considered for this solicitation. The request must include a summary of the program's design, funding method, and the program's supporting financial information. If additional information is necessary,the County will request more specific information, which must be provided by the Contractor. The County''-s, Risk Manager will review the information submitted and determine whether the program is acceptable to the County. Contractors with no formal risk management program in place to manage and fund deductibles or self-insured retentions may not be considered. Subject to County approval, Contractor may obtain a letter of credit in the amount equivalent to the deductible,which shall remain in effect during the term of the Agreement at no additional cost to the County. 3. Proof of Insurance A. The Contractor shall be required to furnish evidence of all required insurance in the form of certificates of insurance, which shall clearly outline all hazards covered as itemized herein, the amounts of insurance applicable to each hazard and the expiration dates. B. The Contractor shall furnish proof of insurance acceptable to the County prior to or at the time of execution of the Agreement and the Contractor shall not commence work or provide any service until the Contractor has obtained all the insurance required under the Agreement and such insurance has been filed with and approved by the County. Upon request from the County, the Contractor shall furnish copies of all requested policies and any changes or amendments thereto, immediately, to the County, the County Risk Manager, and Purchasing and Contracts Divisions, prior to the commencement of any contractual obligations. The Agreement may be terminated by the County, without penalty or expense to County, if at any time during the term of the Agreement proof of any insurance required hereunder is not provided to the County. C. All certificates of insurance shall clearly indicate that the Contractor has obtained insurance of the type, amount and classification required by this Section. No work or services by Contractor or its Subcontractors shall be commenced until County has approved these policies or certificates of insurance. Further, the Contractor agrees that the County shall make no payments pursuant to the terms of the Agreement until all required proof or evidence of insurance has been provided to B-6 Page 795 of 1675 the County. The Agreement may be terminated by the County, without penalty or expense,if proof of any insurance required hereunder is not provided to the County. D. The Contractor shall file replacement certificates with the County at the time of expiration or termination of the required insurance occurring during the term of the Agreement. In the event such insurance lapses, the County expressly reserves the right to renew the insurance policies at the Contractor's expense or terminate the Agreement but County has no obligation to renew any policies. 4. The provisions of this Exhibit B, shall survive the cancellation or termination of the Agreement. B-7 Page 796 of 1675 Exhibit C BUSINESS ASSOCIATE AGREEMENT This BUSINESS ASSOCIATE AGREEMENT (the "Agreement'), is entered by and between Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation("Business Associate"),with the address of 6451 N. Federal Highway, Suite 1000, Fort Lauderdale, FL 33308, and the County of Volusia("Covered Entity"), a Florida political subdivision with the address of 123 West Indiana Avenue, Deland, Florida 32720(collectively referred to as"Parties"),for the purpose of a Public Emergency Medical Transportation (PEMT) Program. WITNESSETH WHEREAS, Covered Entity is a health care provider and a"covered entity'as defined in the Health Insurance Portability and Accountability Act of 1996 and related regulations, as amended from time to time ("HIPAA"); and WHEREAS, Business Associate is a"business associate" as defined in HIPAA; and WHEREAS,Covered Entity wishes to commence or continue a business relationship with Business Associate that shall be/has been memorialized in a separate agreement(the"Underlying Agreement'), and the nature of the Underlying Agreement may involve the exchange of Protected Health Information ("PHP') as that term is defined in HIPAA; and WHEREAS, the HIPAA Privacy Standards, as amended from time to time (the "Privacy Rule"), require Covered Entity to obtain and document satisfactory assurances from the Business Associate that the Business Associate shall appropriately safeguard PHI through a written contract; and WHEREAS, the HIPAA Security Standards, as amended from time to time (the "Security Rule"), govern the security of PHI obtained, created or maintained electronically by covered entities and business associates as defined in HIPAA; and WHEREAS, the Health Information Technology for Economic and Clinical Health ("HITECH")Act, found in Titles XIII and XIV of the American Recovery and Reinvestment Act of 2009, modifies certain provisions of HIPAA relating to the privacy and security of PHI; and WHEREAS, the parties acknowledge that, in the event of a violation of HIPAA or the HITECH Act by Business Associate, Business Associate may be subject to the same civil and criminal penalties as Covered Entity would be for such violation by Covered Entity; and WHEREAS, the parties desire to enter into this Agreement for the purpose of ensuring compliance with the requirements of HIPAA, its implementing regulations, the HITECH Act and Florida law. NOW THEREFORE, in consideration of their mutual promises made herein, and the foregoing recitals which are material to this Agreement and incorporated hereby together with other good and valuable consideration, receipt of which is hereby acknowledged by each party, the Parties, intending to be legally bound, herein agree as follows: 1. Definitions for Use in This Agreement. Capitalized terms and acronyms used but not otherwise defined in this Agreement shall have the same meaning ascribed to those terms in HIPAA, the HITECH Act, and any current and future regulations promulgated under HIPAA or the HITECH Act. 2. Obligations and Activities of Business Associate. Upon request by Covered Entity, Business Associate shall provide to Covered Entity evidence of the performance of an information security assessment as required by the HIPAA Security Rule, which evidence shall be satisfactory to Covered Entity. Page 1 of 6 PABECKIL0t7 Solicitations\I7-SQ-68BB,Participation Emergency Medical Transportation Program\6 CONTRACT\Exhibit C,BAA for Volusia County.docx Page 797 of 1675 a. Upon request by Covered Entity, Business Associate shall provide to Covered Entity a copy of its written policies and procedures relating to the security of PHI and the name of the person responsible for implementing the HIPAA Security Rule and this Agreement on behalf of Business Associate. b. Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI to perform functions, activities or services for, or on behalf of, Covered Entity as specified in the Underlying Agreement provided that such use or disclosure would not violate the Privacy Rule. Business Associate agrees to not use or disclose PHI other than as permitted or required by this Agreement or as Required by Law, as that term is defined in HIPAA, the HITECH Act and/or applicable regulations. c. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this Agreement. d. Business Associate shall implement administrative, physical,and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of PHI that it creates, receives, maintains or transmits on behalf of the Covered Entity. e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect known to Business Associate of its use or disclosure of PHI in violation of the requirements of this Agreement and/or the Privacy Rule. f. Business Associate agrees to report in writing to Covered Entity any use or disclosure of PHI not provided for by this Agreement within ten (10)calendar days after becoming aware of such use or disclosure. g. Business Associate shall report to Covered Entity within ten (10) calendar days after becoming aware of any "security incident," as that term is defined in the HIPAA Security Rule. In its report to Covered Entity, the Business Associate shall identify: the date of the security incident, the scope of the security incident, the Business Associate's response to the security incident and the identification of the party responsible for causing the security incident, if known. h. Business Associate shall report in writing to Covered Entity any breach involving PHI, as the term "breach" is defined in the HITECH Act, by completing the Breach Notification form attached hereto as Exhibit "1" and by reference made a part hereof. Business Associate shall provide said notification to Covered Entity of any such breach within 10 calendar days after such breach. i. Business Associate shall indemnify, hold harmless, and reimburse Covered Entity for any costs incurred by the Covered Entity as a result of a "breach," as defined in the HITECH Act, by Business Associate, including but not limited to the cost of notification to individuals made by Covered Entity pursuant to 45 C.F.R. § 164.404 and the cost of remedial actions taken to protect individuals whose information was disclosed in violation of this Agreement HIPAA, the HITECH Act, or the regulations promulgated thereunder. Business Associate further agrees to defend, indemnify, and hold harmless Covered Entity, its officers, directors, employees, and agents, from and against all claims, liabilities, suits,judgments, fines, assessments, penalties, damages, costs, and other expenses of any kind or nature whatsoever, including without limitation, attorney's fees, expert witness fees, and costs of investigation, litigation or dispute resolution, related in any manner to or arising out of any material breach of this Agreement by Business Associate, its agents, representatives, officers, directors, employees, or subcontractors. These indemnities shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of the Agreement. Page 2 of 6 PABECKM017 Solicitations\I7-SQ-68BB,Participation Emergency Medical Transportation Program\6 CONTRACT\Exhibit C,BAA for Volusia County.docx Page 798 of 1675 j. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, created by, or received by Business Associate on behalf of Covered Entity agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. k. Within ten (10) business days after a written request from Covered Entity, Business Associate agrees to provide access to PHI in a Designated Record Set ("DRS"), as that term is defined in HIPAA, to Covered Entity or, as directed by Covered Entity, to an Individual, as that term is defined in HIPAA, in order to meet the requirements under 45 CFR§164.524. In the event any Individual requests access to PHI directly from Business Associate, Business Associate shall forward written notice of such request to Covered Entity within ten business (10) days after such request. Any denials of access to the PHI requested shall be the responsibility of Covered Entity. I. Business Associate agrees to make any amendment(s) to PHI in a DRS that the Covered Entity directs or agrees to pursuant to 45 CFR §164.526 at the written request of Covered Entity or an Individual, within twenty(20) business days of the written request. m. Business Associate agrees to make internal practices, books, and records, including policies and procedures and PHI, relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of Covered Entity, available to the Covered Entity and to the Secretary, within fifteen (15) business days after notice of the Secretary's request or in the time and manner designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule and the Security Rule. n. Business Associate agrees to document disclosures of PHI 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 PHI in accordance with 45 CFR§164.528. o. Business Associate agrees to provide to Covered Entity, or to an Individual at the request of the Covered Entity, or to the Individual if the request is made directly to the Business Associate by the Individual within fifteen (15)business days of written notice from Covered Entity to Business Associate, information collected in accordance with Section 2.0. of this Agreement, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of in accordance with 45 CFR§164.528. p. Business Associate shall comply with the privacy, security and security breach notification provisions applicable to a business associate under the HITECH Act and any regulations promulgated thereunder, including but not limited to compliance with each of the Standards and Implementation Specifications of 45 §§ C.F.R. 164.308 (Administrative Safeguards), 164.310 (Physical Safeguards), 164.312 (Technical Safeguards), 164.316 (Policies and Procedures and Documentation Requirements), and 164.410 (Notification by a Business Associate). 3. Permitted Uses and Disclosures by Business Associate -General Use and Disclosure Provisions. Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Agreement, 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 Covered Entity. 4. Permitted Uses and Disclosures by Business Associate-Specific Use and Disclosure Provisions. a. Except as otherwise limited in this Agreement, Business Associate may use PHI for the proper management and administration of Business Associate or to carry out Business Associate's legal responsibilities. Page 3 of 6 PABECKI\2017 Solicitations\I7-SQ-68BB,Participation Emergency Medical Transportation Program\6 CONTRACT\Exhibit C,BAA for Volusia County.docx Page 799 of 1675 b. Except as otherwise limited in this Agreement, Business Associate may disclose PHI for the proper management and administration of 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 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 PHI to provide Data Aggregation services to Covered Entity as permitted by 42 C.F.R. §1 64.504(e)(2)(i)(B). d. Business Associate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with 42 C.F.R. §164.5020)(1). 5. Provisions for Covered Entitv to Inform Business Associate of Privacy Practices and Restrictions. a. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR §164.520, to the extent that such limitation(s) may affect Business Associate's use or disclosure of PHI. b. Covered Entity shall notify Business Associate of any changes in, or revocation of permission by Individual to use or disclose PHI,to the extent that such changes may affect Business Associate's use or disclosure of PHI. c. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR §164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI. 6. Permissible Requests by Covered Entity. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. 7. Term and Termination. a. Term. The commencement date for the term of this Agreement shall be July _, 2017. This Agreement shall terminate when all of the PHI provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy PHI, protections are extended to such information in accordance with the termination provisions in this Section. b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall: 1) Provide an opportunity for Business Associate to cure the breach or end the violation within thirty(30)days after written notice and, if Business Associate does not cure the breach or end the violation within that time,terminate this Agreement; or 2) Immediately terminate this Agreement upon written notice if Business Associate has breached a material term of this Agreement and cure is not possible as determined at the sole discretion of Covered Entity; or 3) If neither termination nor cure is feasible, report the violation to the Secretary of Page 4 of 6 PIBECKP2017 Solicitations\17-SQ-68BB,Participation Emergency Medical Transportation Program\6 CONTRACT\Exhibit C,BAA for Volusia Commy.docx Page 800 of 1675 the Department of Health and Human Services. c. Effect of Termination. 1) Except as provided in paragraph (2) of this subsection, upon termination of this Agreement, for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI that is in the possession of any subcontractors or agents of Business Associate, and Business Associate has the duty to ensure that any and all of its subcontractors or agents comply with these termination provisions. Neither Business Associate, nor any of its subcontractors or agents, shall retain any copies of PHI upon termination of this Agreement. 2) In the event that Business Associate determines that returning or destroying the PHI is infeasible, Business Associate shall provide to Covered Entity written notification of the conditions that make return or destruction infeasible thirty (30) calendar days prior to the termination of the Agreement or within thirty (30) calendar days of Business Associate's receipt of notice from Covered Entity of a material breach of this Agreement by Business Associate. Upon mutual agreement of the parties that return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI. 8. Effect on Prior Business Associate Agreements: This Agreement supersedes and replaces any existing Business Associate Agreement in effect between Business Associate and Covered Entity. Any PHI Business Associate has received from Covered Entity prior to, on, or after the date of this Agreement is subject to the terms and conditions of this Agreement. 9. Miscellaneous. a. Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended. b. Amendment. 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 HIPAA; amendments are not effective unless in writing, signed by both Parties. Survival. The respective rights and obligations of Business Associate under Section 7.c., "Effect of Termination,"and Section 2.j., regarding Indemnification, of this Agreement shall survive the termination of this Agreement. c. Interpretation. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule. d. Notice. Any notice required under this Agreement shall be sent by certified mail, return receipt requested or by hand delivery to the following persons: e. Retroactivity. Business Associate warrants that there have been no violations of HIPAA or HITECH Act from the date of execution of the Underlying Agreement through the commencement date of this Agreement. Page 5 of 6 PABECKA2017 Solicitations\17-SQ-68BB,Participation Emergency Medical Transportation Program\6 CONTRACT\Exhibit C,BAA for Volusia County.docx Page 801 of 1675 Covered Entity: Donna de Peyester, Deputy County Manager, CFO County of Volusia 123 West Indiana Avenue, Rm 300 DeLand, Florida 32720 With copies to: John Zaragoza, Emergency Medical Services Director County of Volusia 112 Carswell Avenue Holly Hill, Florida 32117 Jeaniene Jennings, Emergency Medical Administration Director County of Volusia 123 West Indiana Avenue, Rm 302 DeLand, Florida 32720 Business Associate: Advanced Data Processing, Inc., a Subsidiary of Intermedix Corporation 6451 N. Federal Highway Suite 1000, Fort Lauderdale, FL 33308 IN WITNESS THEREOF, the parties have caused this Business Associate Agreement to be duly executed by their duly authorized representatives on the respective dates under each signature. BUSINESS ASSOCIATE: ADVANCED DATA ATTEST: PROCESSI , INC., A SUBSIDIARY INTERMEDIX By. By: Name: /x .17 111,k4g Name: l`<r Title: 1/`q 7 c/4 D Title: yr, Ctl2 �- Date: (�' ` `l7 Date: 12f /7 COVERED ENTITY: COUNTY OF VOLUSIA, FL r By: B Name: Ed Kelley /,Name'. James VDinneen Title: Countv Chair Title: CountV Manager Date: Date: Page 6of6 P.\BECKI\2017 Solicitations\I7-SQ-68BB,Participation Emergency Medical Transporlation Program\6 CONTRACT\Exhibit C,BAA for Volusia County.docx Page 802 of 1675 Exhibit 1 Form of Notification to Covered Entity of Breach of Unsecured PHI Business Associate hereby notifies Covered Entity that there has been a breach of unsecured protected health information (PHI) that Business Associate has used or has had access to under the terms of the Business Associate Agreement. Description of the breach: Date of the breach: Date of the discovery of the breach: Name of each individual affected by the breach: The types of unsecured PHI that were involved in the breach (such as full name, Social Security number, date of birth, home address, account number, or disability code): Description of what Business Associate is doing to investigate the breach,to mitigate losses, and to protect against any further breaches: Contact information to ask questions or learn additional information: Name: Title: Address: Email Address: Phone Number: 7 PABECKI\2017 Solicitations\17-SQ-68BB,Participation Emergency Medical Transportation Program\6 CONTRACT\Exhibit C,BAA for Volusia County.docx Page 803 of 1675 S9UT�vv� :mom�¢lttriutlrli�7vpyty Volusia {County FLORIDA BUDGET AND ADMINISTRATIVE SERVICES Purchasing and Contracts 123 West Indiana Avenue • Room 302• DeLand, FL 32720-4608 Phone: 386-736-5935 • Fax: 386-736-5972 E-mail:purchasinon volusia.orq Web: www.volusia.orq Submittal Due Date Submittal Due Time Thursday, March 23, 2017 3:00 p.m., EST Submit Responses To: Project Contact County of Volusia Rebecca Bishop, Sr. Procurement Analyst Purchasing and Contracts Division Phone: 386-822-5764 • Fax: 386-736-5972 123 West Indiana Avenue,Room 302 E-mail: rbishol2(avolusia.org DeLand, FL 32720-4608 www.volusia.2bidlist 17-SQ-68BB Public Emergency Medical Transportation (PEMT) Program DO NOT RESPOND TO THIS SOLICITATION ON LINE Expressions of interest and qualification data will be received at the Office of the Volusia County Director of Purchasing & Contracts, 123 W. Indiana Avenue, 3rd Floor, Room 302, DeLand, FL 32720-4608, until 3:00 p.m. on Thursday, March 23, 2017. Submittals received after this deadline will not be accepted. 1.0 PURPOSE & OVERVIEW The purpose of the Request for Statement of Qualifications (RSQ) is to select the most highly qualified firm(s) to provide Public Emergency Medical Transportation Program Services. Submittals will be reviewed and evaluated as to qualifications to perform the services required by an Evaluation Committee of County staff, who will make a recommendation for award to the County Council. It is anticipated that selected firm will be awarded a Contract for a period of three(3)years with two (2) subsequent one (1)year renewals. All renewals will be contingent upon mutual and written agreement and, when applicable, approval of County Council. P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 1 of 36 Page 804 of 1675 1.1 Background The Program provides supplemental payments for eligible Public Emergency Medical Transportation (PEMT) entities that meet specified requirements and provide emergency medical transportation services to Medicaid beneficiaries. Supplemental payments provided by this program are available only for allowable costs that are in excess of other Medicaid revenue that the eligible PEMT entities receive for emergency medical transportation services to Medicaid eligible recipients. Eligible PEMT entities must provide to the Agency for Health Care Administration (AHCA) certification for the total expenditure of funds and certification of federal financial participation (FFP) eligibility for the amount claimed. County of Volusia's EMS (EVAC Ambulance) desires to participate in the PEMT Program. For fiscal year 2016 (07/01/15 — 06/30/16), the breakdown for traditional Medicaid transports were as follows: Traditional Medicaid= 700 2.0 SCOPE OF SERVICE A general description of the Scope of Services required is, but not limited to, that which is attached as Exhibit A, Scope of Services. Other Exhibits include: Exhibit B, PEMT Presentation Exhibit C, Insurance Requirements Exhibit D, Sample Emergency Medical Transportation Cost Report and Schedules 2.1 Deliverables It shall be the responsibility of the awarded Contractor to provide to the County,in relation to the Scope of Services, the Emergency Medical Transportation Services Cost Report and ten (10) Schedules detailed in Exhibit D. 3.0 GENERAL TERMS & CONDITIONS 3.1 Definitions As used in this RSQ, the following terms shall have the meanings set forth below: Consultant: The person with education and/or experience which uniquely qualifies him or her to perform a specialized service for the County. Consultant's services: Those services within the scope of work of this solicitation that are in an advisory nature to support policy development, decision-making, administration, or management of the government; normally provided by persons and/or organizations considered to have prerequisite knowledge or special abilities not generally available in the government. P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 2 of 36 Page 805 of 1675 Contract: The document resulting from this solicitation between the County and the awarded Respondent, including this RSQ, and the awarded Respondent's response along with any written addenda and other written documents, which are expressly incorporated by reference. Contractor: That person or entity duly authorized, upon award of a contract, to have a Contract with the County to provide the product and/or services set forth herein and incurring liability for the same. Contract Administrator: The Director of Purchasing and Contracts or designee shall serve as Contract Administrator. The Contract Administrator shall be responsible for addressing any concerns within the scope of the Contract. Any changes to the resulting Contract shall be done in writing and authorized by the Director of Purchasing and Contracts. Count : The word County refers to the County of Volusia, Florida. County's Proiect Mana2er(s): The Project Manager(s) have responsibility for the day to day administration of the resulting Contract for the County and will be designated prior to award of Contract. Day: The word"day" means each calendar day or accumulation of calendar days. Direct Costs: All costs that can be identified specifically with a particular final cost objective in order to meet medical transportation mandates. Director: The Director is the Director of Purchasing and Contracts for the County of Volusia. FFP: Federal financial participation FFS: Fee for Service Indirect Costs: Costs for a common or joint purpose benefitting more than one cost objective that are allocated to each benefiting objective using AHCA approved indirect rate or an allocation methodology. Indirect costs rate or allocation methodology must comply with OMB Circular A-87 and CMS non-institutional reimbursement policy. MTS: Medical Transportation Services Person or Persons: An individual, firm, partnership, corporation, association, executor, administrator, trustee or other legal entity, whether singular or plural, masculine or feminine, as the context may require. PEMT Services: Both the act of transporting an individual from any point of origin to the nearest medical facility capable of meeting the emergency medical needs of the patient, as well as the advanced life support, advanced life support II,basic life support, and specialty P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 3 of 36 Page 806 of 1675 care transport services provided to an individual by PEMT providers before or during the act of transportation. Program: Public Emergency Medical Transportation (PEMT)Program Proposal: The document submitted by the Consultant in response to a formal solicitation used to determine if the Consultant is highly qualified. Protest: See process at www.volusia.org_/purchasing. Respondent: One who submits a response to a request for statement of qualifications (RSQ). Respondent's Proiect Manager: The Project Manager has responsibility for administering this Contract for the Respondent and will be designated prior to execution of the Contract. Schedules: As related to this proposal, the ten (10) separate documents ACHA created for completion of the PEMT Program annual report. A sample of each document is included in Exhibit D. Shared Direct Costs: Direct costs that can be allocated to two or more departmental functions on the basis of shared benefits. 3.2 RSQ Closing Date Proposals must be received by the Volusia County Purchasing and Contracts Office,Room 302, Third Floor, 123 West Indiana Avenue, DeLand, FL, 32720-4608, no later than 3:00 p.m., EST, on Thursday, March 23, 2017. Proposals received after this time will not be accepted. 3.3 Proposed Schedule 02/23/17 ...........................Release date for Request for Statement of Qualifications (RSQ) 03/09/17 ...........................Final date to receive written questions 03/16/17 ...........................Release date for answers to written questions 03/23/17 ...........................Closing Date 3.4 Delivery of Proposals: DO NOT RESPOND TO THIS SOLICITATION ON LINE All proposals shall be sealed and delivered or mailed to (faxes/e-mails will not be accepted): County of Volusia, Florida Purchasing and Contracts Office, Room 302 123 West Indiana Avenue, 3rd floor P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 4 of 36 Page 807 of 1675 DeLand, Florida 32720-4608 Mark package(s) "RSQ #17-SQ-68BB, Public Emergency Medical Transportation" Note: Please ensure that if a third party carrier (Federal Express, UPS, etc.) is used, that the third party is properly instructed to deliver the RSQ Submittal only to Room 302, in the Purchasing and Contracts Office on the third (3rd) floor at the above address. Proposals mailed to 123 West Indiana Avenue via the United States Postal Service(USPS) are delivered to the Post Office, not to the physical address and, therefore, may not meet the requirements of Section 3.2. To be considered, a Proposal must be received and accepted in the Purchasing and Contracts Office before the closing date and time. 3.5 Public Proposal Opening A. Pursuant to Section 119.071, Florida Statutes, proposals ("responses") and the completed tabulation will be available for inspection within thirty (30) days of response opening. Contact the Purchasing and Contracts Office during regular business hours to inspect responses and the completed tabulation or, for inspection of the completed tabulation, go to www.volusia.or /bg idlist. The foregoing notwithstanding, if, prior to the County's making responses available for inspection, the County rejects all responses and concurrently provides notice of the County's intent to reissue the solicitation, then the County may avail itself of the exemption for rejected responses set forth in Section 119.071, Florida Statutes, to the extent such Section may apply. B. In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the County's ADA Coordinator at 386-248-1760 for assistance, at least two (2)business days before any meeting date. Assisted listening system receivers are available for the hearing impaired, and can be obtained by contacting the County's ADA Coordinator at 386-248-1760. Read the full ADA Notice under The American with Disabilities Act (Title I1), at www.volusia.org/core/fileparse.php/4175/urlt/ADANotice.pdf. Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title 11). 3.6 Public Records Law. Pursuant to section 119.0701(2)(a), Florida Statutes, the County is required to provide Contractor with this statement and establish the following requirements as contractual obligations pursuant to the Agreement: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 5 of 36 Page 808 of 1675 CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 386-736-5935, purchasing@volusia.org, by mail, Purchasing and Contracts Division, Attn: Public Records Custodian, 123 W. Indiana Ave. RM 302 DeLand, FL 32720. A. By entering into this Contract, Contractor acknowledges and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of services provided under,this Contract are public records subject to the public records disclosure requirements of section 119.07(l), Florida Statutes, and Article I, section 24 of the Florida Constitution. Pursuant to section 119.070 1, Florida Statutes, any Contractor entering into a contract for services with the County is required to: 1. Keep and maintain public records required by the County to perform the services and work provided pursuant to this Contract. 2. Upon request from the County's custodian of public records, provide the County 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, 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 the Contract if the Contractor does not transfer the records to the County. 4. Upon completion of the Contract, transfer, at no cost, to the County all public records in the possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology systems of the County. 5. Requests to inspect or copy public records relating to the County's Contract for services must be made directly to the County. If Contractor receives any such request, Contractor shall instruct the requestor to contact the County. If the County does not possess the records requested, the County shall immediately notify the Contractor of such request, and the Contractor P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 6 of 36 Page 809 of 1675 must provide the records to the County or otherwise allow the records to be inspected or copied within a reasonable time. 6. Contractor acknowledges that failure to provide the public records to the County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. 7. Contractor further agrees not to release any records that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written authorization from the County. Contractor shall indemnify, defend, and hold the County harmless for and against any and all claims, damage awards, and causes of action arising from the Contractor's failure to comply with the public records disclosure requirements of section 119.07(l), Florida Statutes, or by Contractor's failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements, including, but not limited to, any third party claims or awards for attorney's fees and costs arising therefrom. Contractor authorizes County to seek declaratory, injunctive, or other appropriate relief against Contractor from a Circuit Court in Volusia County on an expedited basis to enforce the requirements of this section. 3.7 Proposal Form A. See Submittal Requirements for complete details B. Firms interested in providing the required services shall submit Seven(7)complete sets of the proposals: • One(1)hard copy marked"ORIGINAL" • Five (1) hard copies marked"COPY" Note: It is not necessary to return every page of the original solicitation document with the hard copies of the RSQ Submittal ORIGINAL and COPY(ies); return only the pages that require signatures or information as detailed in Section 4.0. • One(1) COMPLETE electronic copy on a CD or USB drive in PDF format (Excel spreadsheets shall not be recorded in PDF). The electronic copy of the RSQ Submittal shall include ALL submittal requirements, as detailed in Section 4.0. Note the solicitation number and name of company on the CD or USB drive. Do not send confidential information,proprietary information, or trade secrets. C. Terms and conditions differing from those in this RSQ may be cause for disqualification of the RSQ Proposal. D. The Proposal Form (Section 4.0) shall be signed by an authorized agent of the firm with documentation, such as a Memorandum of Authority, that the individual is authorized to commit the firm to a contract. P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 7 of 36 Page 810 of 1675 E. Failure to provide the required information may result in the proposal not being considered. Submittals shall be clear, concise, indexed by subject, typed on letter size paper, and individually bound. Submittals shall be mailed or delivered in a sealed package clearly marked on the outside with the project name, invitation number,and due date. Packages shall be received in the Volusia County Purchasing Office by the advertised deadline. 3.8 Questions, Exceptions and Addenda Concerning RSQ 17-SQ-68BB A. It is incumbent upon each Respondent to carefully examine this solicitation's specifications, scope of work/service, terms, and conditions. Questions and exceptions concerning any Section of this RSQ shall be directed by letter,facsimile transmission, or e-mail to the Procurement Analyst named in this Section 3.8,item B (below), who shall be the official point of contact for this RSQ. Questions and exceptions shall be submitted no later than fourteen (14) days before the closing date. Thereafter,no further questions or exceptions will be accepted or reviewed by the County and Respondents' right to submit questions or exceptions will terminate and any questions or exceptions not previously made shall be deemed waived. The issuance of a written addendum is the only official method by which interpretation, clarification, or additional information can be given and oral representations will not be binding on the County. B. Mark cover page or envelope(s) Questions, Exceptions and Addenda Concerning RSQ 417-SQ-68BB, "Public Emergency Medical Transportation (PEMT) Program." Submit questions to: Rebecca Bishop, Sr. Procurement Analyst Telephone:..................386-822-5764 Fax: ............................386-736-5972 E-mail:........................rbishop(a�volusia.ori C. If it becomes necessary for the County to revise any part of this RSQ, an addendum will be posted on the County's web site. It is each Respondent's responsibility to check the Volusia County web site for any addenda at www.volusia.org/bidlist. Each Respondent should ensure that they have received all addenda to this RSQ before submitting their proposal. In their proposals, Respondents must provide proof of receipt of each addendum by signing each addendum and returning each addendum to the County. Failure to provide this proof may cause Respondent's proposal to be rendered non-responsive. D. Each addendum issued by the County shall become a material part of this solicitation and the resulting Contract. P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 8 of 36 Page 811 of 1675 3.9 Award The County reserves the right to award the Contract to the Respondent(s) that the County deems to offer the best overall qualifications, as defined in Section 3.24, Evaluation Criteria in this solicitation. The County is therefore not bound to accept a proposal based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this RSQ, to reject any/all proposals, to waive any/all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the County to do so. 3.10 Other Agencies A. All Respondents awarded Contracts from this solicitation may, upon mutual agreement,permit any municipality or other governmental agency to participate in the Contract under the same prices, terms, and conditions. B. It is understood that at no time will any city or municipality or other agency be obligated for placing an order for any other city, municipality, or agency, nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality, or agency. Further it is understood that each agency will issue its own purchase order to the awarded Respondent(s). 3.11 Use of County Logo The County owns and retains all proprietary rights in its logos, trademarks, trade names, and copyrighted images (Intellectual Property). As such, nothing in this solicitation permits or shall be construed as authorizing Respondent to use or display County's Intellectual Property on Respondents submittal documents or proposal (including any exhibits attached thereto) submitted to County by or on behalf of Respondent in response to this solicitation. The County has the right to redact the County Logo displayed on any proposal submitted. 3.12 Assignment Contractor may not assign or otherwise convey Contractor's rights and/or obligations under this Contract without obtaining County's prior written consent, which consent County may withhold, limit and/or condition in County's sole discretion, including, but not limited to posting a performance bond. Any consent by the County under this Section 3.12 shall be by written amendment to the Contract in a form and substance specified by the County in its sole discretion. If Contractor desires to assign or otherwise convey its rights and/or obligations under this Contract, Contractor no less than thirty (30) days prior to the assignment's proposed effective date, provide County with a written request for County's consent. Failure to provide such notice may result in the County assessing a processing fee of Five Hundred Dollars (US $500.00). Failure by the Contractor to obtain the County's consent in accordance with this Section 3.12 prior to assignment or other conveyance shall: 1) constitute a material breach of the Contract; and 2) entitle the County to retain any and all legal rights, claims and defense to P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 9 of 36 Page 812 of 1675 enforce this Section 3.12, including, but not limited to, injunctive, declaratory, damages and attorney's fees and costs. Payment of any sum by the County in accordance with the Contract to the Contractor or any person or entity prior to the Contractor obtaining the County's consent to the assignment shall not constitute a waiver of the rights of the County under this Section 3.12. Nothing herein shall preclude the right of the County to waive its rights under this Section 3.12 but no waiver shall be granted by the County without amendment to the Contract. 3.13 Contract A. The contents of this RSQ and all provisions of the successful proposal deemed pertinent by the County shall be, at the sole discretion of the County, incorporated into a separate Contract and become legally binding on the selected Respondent. Content of the Contract may contain changes as a result of the RSQ process and submittal received. The Contract shall include, at a minimum, the terms and conditions as outlined in RSQ and subject to review by the County attorney or designee for determination of legal form and substantive sufficiency prior to approval and execution and contain additional terms and conditions that the County deems in its best interest. B. The Director of Purchasing and Contracts, County Manager and County Chair are the sole contracting officers of Contract and only they or their designees are authorized to make Contract changes. C. County of Volusia shall not be responsible for any order, change substitution or any other discrepancy from the Contract, without an amendment to the Contract. 3.14 Disclosure of Proposal Content A. All material submitted becomes the property of the County and may be returned only at the County's option. The County has the right to use any or all ideas presented in any reply to this RSQ. Selection or rejection of any proposal submittal does not affect this right. B. The County of Volusia, Florida, is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.). 3.15 Respondent's Responsibility A Respondent, by submitting a proposal, represents that: A. The Respondent has read and understands the RSQ in its entirety and that the proposal is made in accordance therewith; B. The Respondent possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the County; P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 10 of 36 Page 813 of 1675 C. Before submitting its proposal, the Respondent has made all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the Contract and has verified any representations made by the County of Volusia, Florida, upon which the Respondent has relied; D. The Respondent understands and agrees that if the Respondent receives an award, failure to have made such investigations pursuant to Respondent's proposal to the RSQ will in no way relieve the Respondent from its obligations to comply in every detail with all provisions and requirements of the Contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the Respondent for additional compensation or relief, and E. The Respondent understands and accepts that it will be held responsible for any and all discrepancies, errors, etc., in discounts or rebates which are discovered during the Contract term or up to and including seven (7) fiscal years following the County's annual audit. 3.16 Payment Terms A. The County will remit full payment on all undisputed invoices within forty-five (45) days from receipt by the appropriate person(s) (to be designated at time of Contract) of the invoice(s) or receipt of all products or services ordered. B. Pursuant to Chapter 218,Florida Statutes,the County will pay interest not to exceed one percent (I%) per month on all undisputed invoices not paid within thirty (3 0) days after the due date. C. The County has the capabilities of Electronic Fund Transfer (EFT). List any discounts for prompt payment and/or willingness to accept Electronic Funds Transfer(EFT) and the discount to be applied to such payments. Vendors offering prompt payment discounts, for example 1% - net 10, the discount shall be taken if the check issue date is within specified time period from date of invoice. D. By submitting a proposal to the County of Volusia, Florida, the Respondents expressly agree that, if awarded a Contract, the County may withhold from any payment monies owed by the Respondent to the County for any legal obligation between the Respondent and the County, including but not limited to real property taxes,personal property taxes, fees, and commissions. 3.17 Conflict of Interest Forms All Respondents shall complete and have notarized the attached disclosure form of any potential conflict of interest that the Respondent may have due to ownership, other clients, contracts, or interest associated with this project. P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 11 of 36 Page 814 of 1675 3.18 Licenses and Certificates A. The County reserves the right to require proof that each Respondent is an established business and is abiding by the ordinances, regulation, and laws of its community and the state of Florida, such as but not limited to: Business Tax Receipts, business licenses, Florida sales tax registration, Federal Employers Identification Number. B. The Respondent shall be required, upon notification of recommendation of award, to register with the Florida Department of State Division of Corporations at www.sunbiz.org in order to provide services under the resulting Contract. C. If a license is required, the Respondent shall be licensed to perform the required work in accordance with the laws of the State of Florida and local ordinances. Respondents shall also verify that their Subcontractors are licensed to perform the work in accordance with the laws of the State of Florida and local ordinances; and D. Each Respondent shall submit with their proposal a copy of, and upon award of Contract, the Contractor shall maintain the appropriate licenses and certificates during the term of the Contract and any extensions. Failure to maintain these requirements shall be cause for immediate termination of the Contract. 3.19 Minor Irregularities The County reserves the right to waive minor irregularities in proposals, providing such action is in the best interest of the County. Minor irregularities are defined as those that have no adverse effect on the County's best interests, and will not affect the outcome of the selection process by giving any Respondent an advantage or benefit not enjoyed by other Respondents. 3.20 Venue and Governing Law All legal proceedings brought in connection with the Contract executed for the services provided as award under this RSQ Contract shall only be brought in a state or federal court located in the State of Florida. Venue in state court shall be in Volusia County, Florida. Venue in federal court shall be in the United States District Court, Middle District of Florida, Orlando division. Each Respondent agrees to submit to the personal jurisdiction of these courts for any lawsuits filed there against Respondent. In the event of a legal proceeding, the action shall be by non jury trial for the adjudication of such suit. All questions concerning the validity, operation, interpretation, construction and enforcement of any terms, covenants or conditions of this Contract shall in all respects be governed by and determined in accordance with the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law. P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 12 of 36 Page 815 of 1675 3.21 Insurance Requirements Contractor shall provide the required insurance detailed in Exhibit C for the entire Term of the Agreement. Regardless of anything submitted as proof of insurance, Contractor shall comply with all requirements of Exhibit C. 3.22 Unusual Costs The Contractor may petition the County at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a prudent operator and which, by all reasonable expectations, will continue for at least one (1)year. If the Contractor petitions for such in increase, the Contractor shall also petition for a rate reduction on the basis of extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a prudent operator and which, by all reasonable expectations, will continue for at least one (1) year; failure to make such petition may be grounds for Contract termination. The Contractor's request shall contain substantial proof and justification to support the need for the rate adjustment. The County may request from the Contractor and the Contractor shall provide such further information as may be reasonably necessary in making its determination. The County shall approve or deny the request, in whole or in part, within sixty (60) days of receipt of the request and all other additional information required by the County. Any price redetermination shall be solely based upon the documentation provided and the County reserves the right to rescind any price relief granted should the circumstances change and prices decrease. 3.23 Waiver of Claims Once the Contract expires, or final payment has been requested and made, the Contractor shall have no more than thirty (30) calendar days to present or file any claims against the County concerning the Contract. After that period,the County will consider the Contractor to have waived any right to claims against the County concerning the Contract. 3.24 Evaluation Criteria: Each proposal shall be evaluated using the following criteria: A. Proper submittal of ALL documentation as required by this proposal. B. The greatest benefits to Volusia County as it pertains to: 1. Qualifications of the firm and the employees to be assigned to the County; 2. Methodology for completion of PEMT Schedules as required by ACHA; 3. Experience/references; 4. Cost; and 5. Familiarity with PEMT Program 6. Financial stability: A Dun and Bradstreet report may be used by the County to evaluate Respondent's financial stability. All Respondents shall be prepared to supply a financial statement upon request,preferably a certified P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 13 of 36 Page 816 of 1675 audit of the last available fiscal year. 3.25 Termination A. The resulting Contract may be terminated by either party upon the material breach by the other party if such breach is not cured within thirty (30) days written notice from the non-breaching party. B. County may terminate the resulting Contract for convenience upon at least thirty (30) calendar days' prior written notice to Contractor. C. The Contractor may cancel the resulting Contract with one-hundred eighty (180) days written notice to the Director of Purchasing and Contracts. Failure to provide proper notice to the County may result in the Contractor being barred from future business with the County. D. After Contractor's receipt of a notice of termination pursuant to Paragraph A above (or to the extent Contractor has not cured a material breach within thirty (30) days notice from County), and except as otherwise directed by the County, the Contractor shall: 1. Stop work under the Contract or applicable statement of work on the date specified in the notice of termination; 2. Place no further orders or subcontracts for materials, services or facilities; 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work or services terminated by the notice of termination; and 4. With the approval of the County and to the extent required by the County, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts. County's approval of such settlements shall be final for all the purposes of Section 3.25, Termination. E. After receipt of a notice of termination, the Contractor shall submit to the County its termination claim for amounts owed by County (which shall include, without limitation, all amounts due for work or services performed through the date of termination),in the form and with a certification as prescribed by the County. Such claim shall be submitted promptly but in no event later than thirty (30) days from the effective date of termination, unless one or more extensions in writing are granted by the County,upon request of the Contractor made in writing within such thirty (30) days period or authorized extension thereof. Upon failure of the Contractor to submit its termination claim within the time allowed, the County may determine on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined. In the event County terminates for convenience or non- P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 14 of 36 Page 817 of 1675 appropriation, Contractor shall not be obligated to refund to County any prepaid fees. F. In the event that the resulting Contract is terminated by the County or Contractor for non-appropriation, Contractor shall be paid in accordance with terms of the Article entitled Compensation in the resulting Contract. Contractor shall be paid (i) to the date of termination on a prorated basis for any task and deliverable designated for payment on the payment milestone schedule that was started but not completed and/or (ii) for any work or deliverable that has been completed but not yet been paid. County's obligation to pay Contractor under this Section 3.25, Termination, and the resulting Contract is limited to the budgeted amount for the fiscal year approved by the Volusia County Council for the then current fiscal year of the resulting Contract. Contractor shall have no right to compel the Volusia County Council to appropriate funds for any fiscal year to pay the compensation. G. Upon being notified of County's election to terminate for default of Contractor, non-appropriation or convenience, Contractor and its Subcontractors shall refrain from performing further work or incurring additional expenses under the terms of the resulting Contract which is not specifically authorized in the notice of termination. H. If termination of the resulting Contract occurs for any reason: 1. Except as otherwise provided in the resulting Contract, Contractor shall return to the County, or destroy, all County confidential information in Contractor's possession and shall certify the destruction or return of said information in a written document signed by the duly authorized representative of the Contractor that all such information has been destroyed or returned,provided that Contractor shall be permitted to retain an archival copy of any such confidential information(provided it continues to maintain the confidentiality of such as prescribed herein) to the extent necessary to have a record of the service performed hereunder. 2. For all undisputed outstanding invoices submitted to the County for work completed or deliverables delivered prior to the effective date of the termination, the County shall cause payments to be made to Contractor within forty-five (45) days of receipt of invoice. Contractor shall invoice the County for any sums Contractor claims to be owed by County under the resulting Contract for work performed from the last invoice to the effective date of termination. County shall review such invoice for payment within fifteen (15) days of receipt and County shall pay any undisputed amount within forty-five (45) days, subject to the Article entitled Compensation in the resulting Contract. Any disputed amounts on any invoices shall be subject to the dispute resolution process set forth in the Article entitled Dispute Resolution in the resulting Contract. L In the event of termination by the County for non-appropriation, for all items or products ordered by Contractor before receipt by Contractor of the notice of P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 15 of 36 Page 818 of 1675 termination which Contractor could not cancel without imposition of a fee, the County shall cause payments to be made to Contractor within forty-five (45) days of receipt of an undisputed invoice for all cancellation, restocking or residual fees resulting from the cancellation or return of third party products ordered from or shipped by the vendor thereof prior to the effective date of the termination. 3.26 Incurred Expenses This RSQ does not commit the County of Volusia to award a Contract,nor shall the County of Volusia be responsible for any cost or expense which may be incurred by any Respondent in preparing and submitting a proposal in response to this RSQ, or any cost or expense incurred by any Respondent prior to the execution of a Contract. 3.27 Post-Proposal Discussions with Respondents It is the County's intent to award a Contract(s)to the Respondent(s)deemed most qualified and advantageous to the County in accordance with the evaluation criteria specified in this RSQ. The County reserves the right, however, to conduct post-closing discussions with any Respondent who has a realistic possibility of Contract award including,but not limited to, requests for additional information and competitive negotiations. 3.28 Presentations by Respondents A. The County of Volusia, at its sole discretion, may ask individual Respondents to make oral presentations and/or demonstrations without charge to the County. B. The County reserves the right to require any Respondent to demonstrate to the satisfaction of the County that the Respondent has the fiscal and managerial abilities to properly furnish the services proposed and required to fulfill the requirements of the RSQ. The demonstration must satisfy the County and the County shall be the sole judge of compliance. C. Respondents are cautioned not to assume that presentations will be required and should include all pertinent and required information in their original proposal package. 3.29 Compliance with Laws and Regulations Contractor shall be responsible to know and to apply all applicable federal, state, and local laws, ordinances,rules,regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. Contractor shall always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. The awarded Contractor shall protect and indemnify the County and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by Contractor, its representatives, Subcontractors, sub-consultants,professional associates, agents, servants, or employees. P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 16 of 36 Page 819 of 1675 At time of submittal, Contractors must hold the required licensure to be the prime Contractor for all work to be performed under this RSQ. If any Contractor proposes to use a Subcontractor or sub-consultant to perform any work under this RSQ,such Subcontractor and/or sub-consultant shall, at the time of submittal,hold the required licensure for all work to be performed under this Contract as a Subcontractor and shall maintain such license(s) in full force and effect during the term of the awarded Contract. All licenses and permits required to perform Contractor's duties under this RSQ, whether such license or permit is required by the federal government, State of Florida, Volusia County, or any municipality, shall be at each Contractor's sole cost and expense, and shall not be a cost of the County. All required licenses and permits shall be maintained in full force and effect during the term of the awarded Contract. 3.30 Limitation of Liability and Indemnification of County A. Contractor shall, at its own expense, indemnify and hold harmless the County and its public officials (elected and appointed), successors and successors in interest, officers, agents, attorneys, and employees from and against all claims of every kind and nature (including losses incurred or suffered in consequences either of bodily injury to any person or damage to property), damages, losses and expenses including reasonable attorney's fees to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and its subcontractors or sub-subcontractors or agents performing Work or Services under this Contract or a Task Assignment, caused by any negligent act or omission of Contractor, any of Contractor's subcontractors or sub-subcontractors, anyone employed by any of them or anyone for whose acts any of them may be liable, except the Contractor will not be required to indemnify and hold the County harmless if such claim, damage, loss and expense is the result of the negligence, recklessness or intentionally wrongful conduct of the County, or of anyone directly or indirectly employed by the County or anyone for whose acts the County may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a parry or person described in this Contract. B. Sovereign Immunity. County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes (as amended). Notwithstanding anything set forth in any Section of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the County beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida Legislature and the cap on the amount and liability of the County for damages, regardless of the number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by the legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against the County, which claim would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 3.31 Records & Right to Audit P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 17 of 36 Page 820 of 1675 County shall have the right to audit the books, records, and accounts of Contractor and its Subcontractors that are related to the resulting Contract. Contractor and its Subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the resulting Contract. Contractor shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, statistical records, and any other documents pertinent to this Contract for a retention period of five (5)years after completion or termination of the Contract, and any renewals, as required by Item 65, General Records Schedule GS 1-SL for State and Local Government Agencies, effective February 19, 2015 and the Florida Public Records Act(Chapter 119,Florida Statutes). Contractor shall,by written Contract,require its Subcontractors to agree to the requirements and obligations of this Section 3.3 1, Audits will be subject to applicable privacy and confidentiality laws and regulations and Contractor's privacy and confidentiality policies and procedures. 3.32 Change in Scope of Services/Work A. The County may order changes in the work consisting of additions, deletions, or other revisions within the general scope of the awarded Contract. No claims may be made by the Contractor that the scope of the project or of the Contractor's services has been changed,requiring changes to the amount of compensation to the Contractor or other adjustments to the Contract,unless such changes or adjustments have been made by written amendment or change order to the Contract signed by the County Representative, County's Director of Purchasing and Contracts, and the Contractor. B. If the Contractor believes that any particular work is not within the Statement of Work of the Contract, is a material change, or will otherwise require more compensation to the Contractor, the Contractor must immediately notify the County's Representative in writing of this belief. If the County's Representative believes that the particular work is within the scope of the Contract as written, the Contractor will be ordered to and shall continue with the work as changed and at the cost stated for the work within the Statement of Work. The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order. C. The County reserves the right to negotiate with the awarded Contractor(s) without completing the competitive RSQ process for materials, products, and/or services similar in nature to those specified within this RSQ for which requirements were not known when the RSQ was released. 3.33 Modifications Due to Public Welfare or Change in Law The County shall have the power to make changes in the Contract as the result of changes in law and/or Ordinances of Volusia County to impose new rules and regulations on the Contractor under the Contract relative to the scope and methods of providing services as shall from time-to-time be necessary and desirable for the public welfare. The County shall give the Contractor notice of any proposed change and an opportunity to be heard concerning those matters. The Statement of Work and method of providing services as P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 13 of 36 Page 821 of 1675 referenced herein shall also be liberally construed to include, but is not limited to the manner, procedures, operations and obligations, financial or otherwise, of the Contractor. In the event any future change in Federal, State,or County law or the Ordinances of Volusia County materially alters the obligations of the Contractor, or the benefits to the County, then the Contract shall be amended consistent therewith. Should these amendments materially alter the obligations of the Contractor, then the Contractor or the County shall be entitled to an adjustment in the rates and charges established under the Contract. Nothing contained in this Contract shall require any party to perform any act or function contrary to law. The County and Contractor agree to enter into good faith negotiations regarding modifications to the Contract which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to the Contract, the County and the Contractor shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the Contractor directly and demonstrably due to any modification in the Contract under this clause. 3.34 Right to Require Performance A. The failure of the County at any time to require performance by the Contractor of any provision hereof shall in no way affect the right of the County thereafter to enforce same,nor shall waiver by the County of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. B. In the event of failure of the Contractor to deliver services in accordance with the Contract terms and conditions, the County, after due written notice, may procure the services from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the County may have. 3.35 Force Majeure Neither party shall be liable for any failure or delay in the performance of its obligations under the Contract to the extent such failure or delay necessarily results from the occurrence of a Force Majeure Event beyond the control or reasonable anticipation of either party, including, but not limited to, compliance with any unanticipated government law or regulation not otherwise in effect at the time of execution of this Contract, acts of God, unforeseeable governmental acts or omissions, fires, strikes, natural disasters, wars, riots, transportation problems, and/or any other unforeseeable cause whatsoever beyond the reasonable control of the parties (and such cause being referred to as a "Force Majeure Event"). Accordingly, the parties further agree that: A. Upon the occurrence of Force Majeure Event, the non-performing parry shall be excused from any further performance of those obligations under this Contract that are affected by the Force Majeure Event for as long as (a)the Force Majeure Event continues; and (b) the non-performing parry continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 19 of 36 Page 822 of 1675 B. Upon the occurrence of a Force Majeure Event, the non-performing party shall notify the other party of the occurrence of such event and describe in reasonable detail the effect(s)of such event upon the party's performance of its obligations and duties pursuant to this Contract. Such notice shall be delivered or otherwise communicated to the other party within two (2)business days following the failure or delay caused by the Force Majeure Event,or as soon as possible after such failure or delay if the Force Majeure Event precludes the non-performing parry from providing notice within such time period. C. In the event of a Force Maj cure Event,the time for performance by the parties under the applicable statement of work shall be extended for a period of time equal to the time lost by reason of such cause through execution of a change order pursuant to the terms of the Contract. 3.36 Contractor's Personnel The Contractor shall be responsible for ensuring that its employees, agents, and Subcontractors comply with all applicable laws and regulations and meet all federal, state, and local requirements related to their employment and position. • Contractor shall verify that its employees, agents, and Subcontractors are not on the office of Inspector General U.S. Department of Health and Human Services exclusions database. By submission of a proposal, each Contractor certifies that it does not and will not, during the performance of the awarded Contract, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended. During the performance of the Contract, the Contractor shall agree to the following: The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age,handicap, or national origin, except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the Contractor. The Contractor agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Contractor,in all solicitations or advertisements for employees placed by or on behalf of the Contractor, shall state that such Contractor is an Equal Opportunity Employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this Section 3.36. The Contractor shall include the provisions of the foregoing paragraphs above in every subcontract or purchase order so that the provisions will be binding upon each P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 20 of 36 Page 823 of 1675 Subcontractor. The Contractor and any Subcontractor shall pay all employees working on the awarded Contract not less than minimum wage specified in the Fair Labor Standards Act (29 CFR 510-794), as amended. Any information concerning the County, its products, services,personnel, policies, or any other aspect of its business learned by the Contractor or personnel furnished by the Contractor in the course of providing services pursuant to the Contractor, shall be held in confidence and shall not be disclosed by the Contractor or any employee or agents of the Contractor or personnel furnished by the Contractor, without the prior written consent of the County. 3.37 Disadvantaged Business Enterprise Program The County Council has adopted policies which assure and encourage the full participation of Disadvantaged Business Enterprises (DBE)in the provision of goods and services. The County encourages joint ventures between majority-owned firms and qualified disadvantaged/minority/women-owned firms. 3.38 Claim Notice The Contractor shall immediately report in writing to the County's designated representative or agent any incident that might reasonably be expected to result in any claim under any of the coverage mentioned herein. The Contractor agrees to cooperate with the County in promptly releasing reasonable information periodically as to the disposition of any claims,including a resume of claims experience relating to all Contractor operations at the County project site. The designated representative for the County shall be: Name: County of Volusia, Florida Personnel/Risk Management Division Address: 230 North Woodland Boulevard, Suite 250 DeLand, Florida 32720 Telephone: 386-736-5963 Fax: 386-822-5006 3.39 County/Contractor Relationship Any awarded Contractor shall provide the services required herein strictly under a Contractual relationship with the County and is not, nor shall be, construed to be an agent or employee of the County. As an independent Contractor the awarded Contractor shall pay any and all applicable taxes required by law; shall comply with all pertinent Federal, State, and local statutes including, but not limited to, the Fair Labor Standards Act, the Americans with Disabilities Act, the Federal Civil Rights Act, and any and all relevant employment laws. The Contractor shall be responsible for all income tax, FICA, and any other withholdings from its employees or Subcontractor's wages or salaries. Benefits for same shall be the responsibility of the Contractor including, but not limited to, health and P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 21 of 36 Page 824 of 1675 life insurance, mandatory social security, retirement, liability/risk coverage, and worker's and unemployment compensation. The independent Contractor shall hire, compensate, supervise, and terminate members of its work force; shall direct and control the manner in which work is performed including conditions under which individuals will be assigned duties, how individuals will report, and the hours individuals will perform. 3.40 Damages Due to the nature of the services to be provided and the potential impact to the County for loss, the Contractor cannot disclaim consequential or special damages related to the performance of this Contract. The Contractor shall be responsible and accountable for any and all damages, directly or indirectly, caused by the actions or inaction of its employees, staff, or Subcontractors. There are no limitations to this liability. 3.41 Proposal Acceptance/Rejection The County reserves the right to accept or reject any or all proposals received as a result of this RSQ, or to negotiate separately with competing Respondents, and to waive any informalities, defects, or irregularities in any proposal, or to accept that proposal or proposals,which in the judgment of the proper officials,is in the best interest of the County. 3.42 Proposal Acceptance Period Any Proposal in response to this RSQ shall be valid through September 30, 2017. At the end of this time the proposal may be withdrawn at the written request of the Respondent if no award has been made. If the Proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled regardless of the status of the proposal bond. The County reserves the right to request an extension of the proposals if a Contract has not been executed by September 30, 2017. 4.0 SUBMITTAL REQUIREMENTS It is not necessary to return every page of this document with the Proposal; return only the pages that require signatures or information as listed below. Proposals shall include all of the information solicited in this RSQ, and any additional data that the Respondent deems pertinent to the understanding and evaluating of the proposal. Proposals shall be organized in sections tabbed in the order described below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. All proposals shall include at minimum: Submittal Format—Material shall be submitted in a loose leaf binder format,not as bound documents or with coil spines (plastic or metal). Respondents shall not submit material in any binder that exceeds two inches (2");provide proposal in multiple binders if required. P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 22 of 36 Page 825 of 1675 NOTE:Failure of the Respondent to clearly and specifically address each of the items listed below may result in the Proposal not being evaluated or considered for award. All proposals shall include, at a minimum: Tab 1. Qualification Data A. A submittal letter signed by an authorized agent of the firm, as listed on the Florida Department of State, Division of Corporations' Sunbiz report available at www.sunbiz.or (Sunbiz), shall be required. If anyone other than the officers listed on the Sunbiz website will be signing this RSQ, a memorandum of authority signed by an officer of the firm allocating authorization shall be required. If firm is not currently registered as a vendor in the State of Florida(Sunbiz),include documentation designation of contracting authority. The memorandum of authority shall be on the firm's letterhead and shall clearly state the name, title and contact information for the individual designated by the firm. B. A brief profile of the firm, including: 1. A brief history of the business; 2. Organizational structure of business; 3. Designation of the legal entity by which the business operates (i.e., sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, etc.) including documentation from the appropriate state's agency confirming firm's legal entity type. For non-Florida businesses, submit documentation from the state in which the business was formed and documentation from the State of Florida providing authorization to perform business in the state of Florida; 4. A Florida Department of State, Division of Corporations' Sunbiz report available at www.sunbiz.org; 5. Ownership interests; 6. Active business venues (counties, states, etc.); 7. Present status and projected direction of business; 8. The overall qualifications of the business to provide the services requested; 9. The qualifications of the firm's employees who will work on the resulting Contract, including resumes demonstrating the experience of the personnel that will be directly involved with this project; Tab 2. Familiarity with PEMT Program Provide a succinct description of Contractor's familiarity with the documents detailed Exhibits B P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 23 of 36 Page 826 of 1675 and D, along with Chapter 401, Florida Statutes. Tab 3. Methodology Submittal shall include a narrative of the approach to the project and how the Contractor intends to manage the contract. Submittal also shall include an estimated timeline of the project, noting milestones and dates for deliverables. Tab 4. Cost Complete the section of the Proposal Form, Section 5.0,requesting the contingency fee percentage rate the Contractor proposes to charge to perform the services detailed in Exhibit A, Scope of Services. Tab 5. References Provide three(3)references of the same or similar magnitude to this solicitation request,including company name, contact person,phone number and e-mail address. Provide a short description of each project, including the name of the project, location, type, value, and current contact information. The County of Volusia shall not be listed as a reference. (See Section 6.0) Tab 6. Financial Stability A Dun and Bradstreet report may be used by the County to evaluate Respondent's financial stability. All Respondents shall be prepared to supply a financial statement upon request, preferably a certified audit of the last available fiscal year. Tab 7. Forms A. Business Tax Receipt(BTR) To be responsive to this solicitation, each Respondent who is currently required to have a Business Tax Receipt (BTR) at the time of submittal shall provide a copy of their current BTR in their response to this solicitation. There are two exceptions to this submission requirement: 1. If Respondent's business does not have a physical location in Volusia County, no submission is required, or 2. If Respondent's business type is exempted, submit the attached Proof of Exemption form approved by the Volusia County Revenue Director(see Section 8.0). See Volusia County Code of Ordinances, Part II, Code of Ordinances, Ch. 114, Taxation, Article I, at www.volusia.org/revenue/local-business-tax/business-tax-frequently-asked-questions.stml B. Insurance P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 24 of 36 Page 827 of 1675 Attach evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Final forms must contain the correct solicitation and/or project number and name of Volusia County's contact person. Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall submit a copy with the proposal. Respondent shall certify number of employees if sole proprietor. (See Section 9.0) Incorporated and unincorporated firms that qualify for an exemption under the Florida Worker's Compensation law in Chapter 440 Florida Statutes shall submit an executed waiver relieving the County of liability in the event they are injured while providing goods and/or services to the County. C. Conflict of Interest Disclosure Form All Respondents shall properly complete, have notarized, and include with their proposal the attached statement disclosing any potential conflict of interest that the Respondent may have due to ownership, other clients, contracts, or interests associated with this project. (See Section 10.0) D. Completed Taxpayer Identification Number (TIN) form. Include a completed TIN form. If the firm is not registered with Volusia County, on-line registration is available at www.volusia.org/purchasing under Vendor Self Service, which links to the registration site. The TIN form can be accessed through this site as well. E. Addenda Any addenda issued subsequent to the release of this solicitation must be signed and returned with the firm's proposal. Failure to return signed addenda may be cause for the proposal to be considered non-responsive. F. Drug-Free Work Place Form (See Section 11.0) G. Certification Regarding Debarment (Prime) Form (See Section 12.0) H. Certification Regarding Debarment (Sub) Form (See Section 13.0) P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 25 of 36 Page 828 of 1675 5.0 PROPOSAL FORM 2017 TO: County of Volusia, Florida Office of Purchasing and Contracts Director 123 W. Indiana Avenue, Room 302 DeLand, FL 32720-4608 The undersigned hereby declares that �irm name] has carefully examined the specifications to furnish Public Emergency Medical Transportation (PEMT) Program for which proposals were advertised to be received no later than 3:00 p.m., EST, on Thursday, March 23, 2017, and further declare that the firm will furnish the services according to specifications contained herein. Sole Proprietor ❑ YES ❑ NO Total number of employees Contractor agrees to provide the services detailed in Exhibit A, Scope of Services, on a contingency fee basis based on payments received by the County under the PEMT Program. Rate: % Please respond to the following pertaining to the cost of services: Prompt Payment Discount, if applicable: % Days; Net 45 Days Do you accept electronic funds transfer(EFT)? ❑ YES ❑ NO Do you offer a discount for electronic funds transfer(EFT)? ❑ YES ❑ NO Have you supplied all the Submittal Requirements outlined below? ❑ Tab 1 - Qualification data, Submittal Letter and/or Memorandum of Authority ❑ Tab 2—Familiarity with PEMT Program ❑ Tab 3 —Methodology ❑ Tab 4— Cost Proposal ❑ Tab 5 —References ❑ Tab 6 - Financial Statement, upon request Insurance ❑ Tab 7—Forms ❑ If you have a physical location in Volusia County, submit one of these: Current Business Tax Receipt OR Proof of Exemption Form ❑ Proof of Insurance ❑ Hold Harmless Agreement and/or Notice of Election to be Exempt, if required ❑ Conflict of Interest Form ❑ Tax Identification Number Form ❑ Any addenda pertaining to this RSQ ❑ Drug Free Workplace Form ❑ Certification Regarding Debarment (Prime) Form ❑ Certification Regarding Debarment (Sub) Form ❑ Did you include a CD or USB drive, as required in the Section entitled Submittal Form? P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 26 of 36 Page 829 of 1675 The County of Volusia reserves the right to reject any or all proposals, to waive informalities, and to accept all or any part of any proposal as they may deem to be in the best interest of the County. I hereby certify that I have read and understand the requirements of this Request for Statements of Qualifications No. 17-SQ-68BB, Public Emergency Medical Transportation (PEMT) Program, and that I, as the Respondent, will comply with all requirements, and that I am duly authorized to execute this proposal/offer document and any Contract(s) and/or other transactions required by award of this RSQ. Further, as attested to by below signature, I will provide the required insurance,per Section 3.21, Insurance Requirements above, upon notification of recommendation of award. The Respondent acknowledges that information provided in this proposal is true and correct: X Authorized Signature Printed Name Title Date Company Name Full Address Telephone Fax E-mail Address Dunn&Bradstreet# Federal I.D.# P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 27 of 36 Page 830 of 1675 6.0 REFERENCES Agency#1 Address City, State,ZIP Contact Person E-mail Phone: Date(s)of Service Type of Service Continents: Agency#2 Address City, State,ZIP Contact Person E-mail Phone: Date(s)of Service Type of Service Continents: Agency#3 Address City, State,ZIP Contact Person E-mail Phone: Date(s)of Service Type of Service Continents: P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 28 of 36 Page 831 of 1675 7.0 NOTIFICATION REGARDING PUBLIC ENTITY CRIME AND DISCRIMINATORY VENDOR LIST REQUIREMENTS AND DISQUALIFICATION PROVISION A. Pursuant to Florida Statutory requirements,potential Respondents are notified: 287.133(2)(a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid,proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a Bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 287.133(2)(b) A public entity may not accept any Bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any Bid,proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 287.134(2)(a) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a Bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. 287.134(2)(b) A public entity may not accept any Bid,proposals, or replies from, award any contract to, or transact any business with any entity or affiliate on the discriminatory vendor list for a period of 36 months following the date that entity or affiliate was placed on the discriminatory vendor list unless that entity or affiliate has been removed from the list pursuant to paragraph(3)(f). A public entity that was transacting business with an entity at the time of the discrimination resulting in that entity being placed on the discriminatory vendor list may not accept any Bid,proposal, or reply from, award any contract to, or transact any business with any other entity who is under the same, or substantially the same, control as the entity whose name appears on the discriminatory vendor list so long as that entity's name appears on the discriminatory vendor list. B. By submitting a proposal, the Respondent represents and warrants that the submission of its proposal does not violate Section 287.133, Florida Statutes (2005), nor Section 287.134, Florida Statutes (2005). C. In addition to the foregoing, the Respondent represents and warrants that Respondent, Respondent's subcontractors and Respondent's implementer, if any, is not under investigation for violation of such statutes. D. Respondent should read carefully all provisions of 287.133 and 287.134, Florida Statutes (2005). P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 29 of 36 Page 832 of 1675 8.0 PROOF OF EXEMPTION BUSINESS SERVICES REVENUE DIVISION 123 W.InnrANA AVE.•Room 103•DELAND,FL 32720-4602 PHONE:386-736-5938 9 FAX:386-822-572 V©IUSla 'County www.volusia.org/revenue FLORIDA I certify that the business known as (business name) providing services,which is located at(street address) (city) ,falls under the business tax exemption described in: ❑ Florida Statute 205. 063 ❑ Florida Statute 205. 065 ❑ Florida Statute 205. 191 ❑ Florida Statute 205. 064 ❑ Florida Statute 205. 162 ❑ Florida Statute 205. 192 ❑ Florida Statute 205. 171 www.volusia.org/revenue/local-business-tax/business-tax-frequently-asked-guestions.stml OR is the type of business indicated below: ❑ Child Care—Residential ❑ Insurance Adjuster, ❑ Radio/Television Station ❑ Coininercial Rentals Agent,or Company ❑ Religious Institution ❑ Door to Door/Peddler Sales ❑ Pharinacist/Pharinacy ❑ Residential Rentals over 61nonths (Prescription Drugs Only) ❑ Sale of Alcoholic Products only (Authorized Signature) (Printed Name) STATE OF COUNTY OF Sworn to and subscribed before me this day of 20 by who is/are personally known to me or who has/have produced as identification. NOTARY PUBLIC—STATE OF Type or print name.- Commission ame:Commission No.: (Seal) Commission Expires: A business that falls under one of the exempt classifications listed above is not required to have a Volusia County Business Tax Receipt. Revenue Director/Designee P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitationARSQ_I.docx Page 30 of 36 Page 833 of 1675 9.0 HOLD HARMLESS AGREEMENT I (print owner's name), am the owner of (print company name), an incorporated/ unincorporated business operating in the State of Florida. As such, I am bound by all laws of the state of Florida,including but not limited to those regarding the workers' compensation law. I hereby affirm that I or [the above-named business] employs fewer than four employees, all of whom are listed below, including myself, and therefore, the business is exempt from the statutory requirement for workers' compensation insurance for its employees. I certify that I will provide the County of Volusia with the name of each new employee together with all required waivers and releases for each prior to any employee being allowed to work to provide services under the contract set forth below. If any such employee is allowed to work without a signed waiver and release,such action will be a material breach of this Agreement. All signed waivers and releases shall be furnished before the commencement of any work by an employee or the undersigned to the County Project Manager or designated county representative. On 20 ,the County of Volusia and I or[the above-named business] entered into a contract for (please insert name of contract), (hereinafter "Agreement")which is incorporated by reference herein. On behalf of myself,my business,and the employees listed below,I and they hereby agree to waive and release any and all workers' compensation claims or liens under Chapter 440,Florida Statutes, against the County of Volusia and its agents, officials and employees, arising from any work or services provided under the Agreement whether or not it shall be alleged or determined that the act was caused by intention, or through negligence or omission of the County of Volusia or its agents, officials and employees or subcontractors. In the event that a workers' compensation claim or lien is made against the County of Volusia and/or its agents, officials or employees by myself or my employees or agents as a result of any work or services performed under the Agreement, I agree to indemnify, keep and hold harmless the County of Volusia, Florida, its agents, officials and employees, against all injuries, deaths, losses, damages, claims, liabilities,judgments, costs and expenses, direct, indirect or consequential (including, but not limited to, fees and charges of attorneys and other professionals) arising out of the Agreement with the County of Volusia, whether or not it shall be alleged or determined that the act was caused by intention or through negligence or omission of the County of Volusia or its employees,agents,or subcontractors. I or the above- named business shall pay all charges of attorneys and all costs and other expenses incurred in connection with the indemnity provided herein, and if any judgment shall be rendered against the County of Volusia in any action indemnified hereby, I or the above-named business shall, at my or its own expense, satisfy and discharge the same. The foregoing is not intended nor should it be construed as, a waiver of sovereign immunity of the COUNTY OF VOLUSIA under Section 768.28, Florida Statutes. P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 31 of 36 Page 834 of 1675 Owner (print name) (signature) Employee 1: (print name) (signature) Employee 2: (print name) (signature) Employee 3: (print name) (signature) STATE OF CO LINTY OF Sworn to and subscribed before me this day of 20 by who is/are personally known to me or who has/have produced as identification. NOTARY PUBLIC STATE OF Type or print name: Commission No.: (Seal) Commission Expires: P:ABECKI\2017 Solicitations\17-SQ-68BB,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 32 of 36 Page 835 of 1675 10.0 CONFLICT OF INTEREST FORM I HEREBY CERTIFY that 1. I, (printed name) am the (title) and the duly authorized representative of the firm of (Firm Name) whose address is and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and, 2. Except as listed below,no employee,officer,or agent of the firm have any conflicts of interest,real or apparent,due to ownership,other clients,contracts,or interests associated with this project; and, 3. This Proposal Submittal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal for the same services, and is in all respects fair and without collusion or fraud. EXCEPTIONS to items above (List): Signature: Printed Name: Firm Name: Date: STATE OF COUNTY OF Sworn to and subscribed before me this day of 20 by who is/are personally known to me or who has/have produced as identification. NOTARY P UBLIC STATE OF Type or print name: Commission No.: (Seal) Commission Expires: P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 33 of 36 Page 836 of 1675 11.0 DRUG-FREE WORKPLACE The undersigned firm in accordance with Florida statute 287.087 hereby certifies that does: (Name of Firm) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will propose by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Name and Title Date Signature Firm Street address City, State, Zip P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 34 of 36 Page 837 of 1675 12.0 CERTIFICATION REGARDING DEBARMENT (PRIME) Certification Regarding Debarment, Suspension, And Other Responsibility Matters Primary Covered Transactions TO BE COMPLETED BY PRIME CONTRACTOR 1. The prospective primary participant (contractor) certifies to the best of its knowledge and belief, that it and its principals (subcontractors and suppliers): a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three (3)year period preceding this bid proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and d. Have not within a three-year period preceding this bid proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid proposal Name and Title Date Signature Firm Street address City, State, Zip P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 35 of 36 Page 838 of 1675 13.0 CERTIFICATION REGARDING DEBARMENT (SUB) Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion TO BE COMPLETED BY ALL SUB-CONTRACTORS 1. The prospective participant (sub-contractor) certifies to the best of its knowledge and belief, that it and its principals (subcontractors and suppliers): a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three (3)year period preceding this bid proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and d. Have not within a three-year period preceding this bid proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid proposal. Name and Title Date Signature Firm Street address City, State, Zip P:ABECKI\2017 Solicitations\17-SQ-681313,Participation Emergency Medical Transportation ProgramASolicitaBonARSQ_I.docx Page 36 of 36 Page 839 of 1675 wQWv� wv� xz > rF- x w � � wow M U O � Q, tiFQZ � z x aaw � a �ww ti � QQ � ¢ LOm zzF- w � O oQpowaw 0 ¢ � wzoQ o a c6 � z � ozrxw GOwQ � w N 0 c azQOQ � � a Q000aQo � w a 0 c ct z O o0 00 N 7 cdo ct � �O to OCH p �q 0 3 � oc o F� O T1 s oo an o a M oo ct ° tp ct E- O V u G.) �" r W MCU2 1 ' ' + w N cd I Q" O Y C_m N cd W s. 'TN O a) U C d H c u U d W A �G o ct � Z 0 6 0 U° a s O o ct w w �G U File Number: 4733 Page 1 of 2 Date: 07/06/2017 AGENDA ITEM Item: J Ordinance Resolution I [] Budget Resolution [X] Other County Goals Thriving Economic& Excellence In NA Communities Financial Vitality Government Department: Finance Division: Accounting Subject: Contract for Public Emergency Medical Transportation cost report consulting services, 17-SQ- 68BB. I Donna de Peyster Jeaniene Jennings Legal County Manager's Office Director Finance Director Purchasing 4 f Elizabeth S. Murphy Donna de Peyster -V Assistant County Deputy County Attorney Manager Department Approval Approved in Accordance with Purchasing Policies and Procedures Approved as to Form Ryan Ossowski Tammy Bong and Legality Director Accounting Director Management Rya Oy,~s" and Budget Division Approval t:4- AT Approved as to Budget Requirements Council Action: Approved As Recommended Modification: Fund Number(s): Description: Amount: 002 Emergency Medical Services 002-825-0002-3400 Cost report consulting $0.00 services Fee is a Percentage Based Contract Total Item Budget: $0.00 Staff Contact(s): Phone: Ext. Donna de Peyster 386 736 5933 12691 Ryan Ossowski 386 736 5933 12725 Summary/Highlights: In 2016, the state approved a program that provides supplemental payments for eligible Public Emergency Medical Transportation (PEMT) entities that meet specified requirements and provide emergency medical transportation services to Medicaid beneficiaries. Supplemental payments provided by this program are available only for allowable costs that exceed other Medicaid revenue that the eligible PEMT entities receive for emergency medical transportation Budget 2-2 Page 841 of 1675 File Number: 4733 Page 2 of 2 services to Medicaid eligible recipients. Eligible PEMT entities must certify to the Agency for Health Care Administration the total expenditure of funds and federal financial participation eligibility for the amount claimed. The county issued a request for statement of qualifications for a firm to assist in the documentation required to obtain the reimbursements. One response, from Advanced Data Processing, Inc., Ft Lauderdale, FL, was received. An evaluation committee comprised of Ryan Ossowski, accounting director; Roger Wittenberg, finance special projects coordinator; and Pat Bythwood, deputy public protection director, recommended negotiation of a contract with that firm. Advanced Data Processing, Inc., will use a subcontracted consultant that has experience with this program which, though new to Florida, mirrors that of other states. The county is unsure what its recovery will be under this program. However, payment to the contractor is 12% of the amount recovered by the county, or 6% if Managed Medical Assistance becomes eligible under the PEMT program. The contractor thus will only be paid if the county gets paid. Staff requests approval of the committee's recommendation and award of the attached contract with Advanced Data Processing, Inc., for an initial term of three years, with two one- year renewals permissible upon county council approval. Due to their voluminous size, complete copies of the solicitation, solicitation response, contract, and all exhibits are available for review in the purchasing and contracts division. Recommended Motion: Approval. Budget 2-2 Page 842 of 1675 6.J. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-107-Authorize the City Manager to sign the grant award agreement and all related documents to accept the Assistance to Firefighters grant from the Department of Homeland Security in the amount of$81,931. EXPLANATION OF REQUEST: Boynton Beach Fire Rescue (BBFR) is requesting funding for four (4), NFPA 1851 compliant Gear Dryers to be installed at four fire stations throughout the city. These four fire stations house a minimum of 27 Firefighters per day. In 2016, our firefighters responded to 14,339 emergency calls, with 21,750 unit responses. Boynton Beach Fire Rescue is committed to the health and safety of our firefighters. BBFR works closely with the Florida Firefighter Safety and Health Collaborative and the University of Miami to identify and reduce the risk of cancer in our firefighters. One key component to reducing cancer risk is to keep our bunker gear clean from contaminants. BBFR has implemented many Standard Operational Guidelines which include post-fire decontamination of firefighters and washing of bunker gear in the fire station extractors. Our firefighters follow the decontamination procedures and also wash their personal protective equipment in our fire station extractors, but have no means of drying their gear. Subsequently, the wet gear is placed in the apparatus bay to air dry, where it gets contaminated by the diesel exhaust from the apparatus in the bay. In addition, the gear takes several hours to dry, causing mold and mildew issues, thereby reducing the life of the gear and exposing our firefighters to workplace hazards. In some cases, firefighters take the personal protective equipment home to wash and dry, or to public facilities, which is unacceptable by NFPA 1851 Standards. BBFR has requested funding for gear dryers through our operating budget, which is funded by ad-valorem taxes, however with city-wide budget cuts and other priority items, this funding has been denied. Gear Dryers have been researched and identified for purchase for a total cost of $36,152, which includes shipping costs. The training on this equipment will be done in-house at no additional cost. In addition, we seek to correct a serious health issue that has a direct impact on the health and safety of firefighters. Diesel and gasoline powered exhaust emissions, which our work environment is continuously exposed to, have been proven and officially listed by state and federal regulatory agencies as cancer causing substances. Through a comprehensive risk assessment, diesel exhaust emissions have been identified by NIOSH and OSHA as a known cancer causing agent. The United States Fire Administration (USFA) has identified firefighters as one of its high-risk populations. Fire Station#3, located at 3105 N. Congress Avenue, was built in 1991 and is approaching 28 years of age. Currently, there are no plans, nor finances available for the rehabilitation of Fire Station#3. Evident contamination can be clearly noted on the walls and doors of Station 3, where vehicles are regularly parked. For emergency calls vehicles are constantly started up and backed into the bays throughout the day and night. In 2016, Fire Station#3 had 4,414 emergency responses, which equates to 8,828 times the vehicles are driven through the bays while responding and returning from calls. Because our bays have limited space, diesel-powered exhaust pipes are often mere inches away from doors. These doors lead to interior living spaces such as sleeping quarters and day rooms that are staffed 24/7 by a close family of paid/career firefighters. Blackened and sooty doors are objective signs of contamination, but it is the invisible exhaust emissions that present the greater threat. The most troubling aspect is the fact that the skin can absorb these harmful toxins. Every time a vehicle is running, these invisible emissions are released and dispersed throughout the bay and then settle on employee uniforms, bunker gear, tools, equipment and medical supplies. Eventually, surfaces inside the facility such as furniture, bedding, kitchen countertops, and carpeting get Page 843 of 1675 cross-contaminated. Departmental personnel are our most valuable asset. But just as important is the health and safety of the public. Because our stations are staffed 24/7, our facilities are open to the public 24/7. We constantly have public education events that require children to tour our bay areas. Part of the educational curriculum requires the children to crowd into our living areas and sit on the floors and furniture to view fire prevention DVDs. Vendors, friends, family, citizens needing blood pressure checks, Certified Emergency Response Team (CERT) members also frequent our stations on a regular basis. Despite the public being present, daily operations still must continue requiring emergency vehicles to be started up, sometimes idling, or backing into the station, hence exposing the public to contaminants. We seriously want to address this issue, and over the years have tried to incorporate the installation of these systems into our budget. But other operational needs have prevented it. For this reason we are seeking federal grant funding under the "Modifications to Fire Stations and Facilities" category. Boynton Beach Fire Rescue plans to use the $54,000 from the grant to purchase and install a vehicle exhaust extraction system. Within the grant budget, the funding is listed as contractual services. This installation is considered a "turn-key" operation, which consists of purchase and installation, including all permits and equipment from start to finish. This activity focuses on protecting the health and safety of firefighters of Boynton Beach Fire Rescue by removing 100% of the diesel exhaust emissions from the fire stations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Departmental personnel are our most valuable asset. But just as important is the health and safety of the public. Because our stations are staffed 24/7, our facilities are open to the public 24/7. We constantly have public education events that require children to tour our bay areas. Part of the educational curriculum requires the children to crowd into our living areas and sit on the floors and furniture to view fire prevention DVDs. Vendors, friends, family, citizens needing blood pressure checks, Certified Emergency Response Team (CERT) members also frequent our stations on a regular basis. Despite the public being present, daily operations still must continue requiring emergency vehicles to be started up, sometimes idling, or backing into the station, hence exposing the public to contaminants. This grant funding focuses on the health and safety of firefighters of Boynton Beach Fire Rescue. FISCAL IMPACT: Budgeted The Assistance to Firefighters grant is a matching grant. The total project cost is estimated at$90,124. The grant is for $81,931, the City will match the remaining amount of$8,193 from the Fire Department's grant match account and is included in the FY 2018/2019 General Fund. ALTERNATIVES: • Not accept the grant award and fund the project in its entirety. • Not move forward with the purchase of the NEPA 1851 compliant structural turnout gear dryers and vehicle exhaust extraction system STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 844 of 1675 Is this a grant? Yes Grant Amount: 81,931 ATTACHMENTS: Type Description Resolution authorizing City Manager to sign the D Resolution necessary documents for the award agreement of the Assistance to Firefighters grant D Addendum AFC GRANT AWARD NOTI F I CATI ON AND DOCUMENTS Page 845 of 1675 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 THE GRANT AWARD AGREEMENT 6 AND ALL DOCUMENTS ASSOCIATED WITH THE 7 ASSISTANCE TO FIREFIGHTERS GRANT(AFG)FROM THE 8 DEPARTMENT OF HOMELAND SECURITY IN THE 9 AMOUNT OF $81,931; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the purpose of this program is to support local fire departments by 14 helping with the acquisition of needed equipment, vehicles and services; and 15 WHEREAS, the estimated total project cost is $90,124, since the grant is in the 16 amount of $81,931, the City will match the remaining amount of $8,193 from the Fire 17 Department's grant match account; and 18 WHEREAS,the grant,if awarded, will be used to purchase NEPA 1851 compliant 19 structural turnout gear dryers and vehicle exhaust extraction system. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission approves and authorizes the City Manager to 27 sign the grant award agreement and all related documents to accept the Assistance to 28 Firefighters grant from the Department of Homeland Security in the amount of$81,931, a 29 copy of which is attached hereto as Exhibit"A". 30 Section 3. This Resolution shall become effective immediately upon passage. 31 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\92B255B8-D3E7-41B4-9E9B-D3E38B4D116F\Boynton Beach.11684.1.Approve_Assistance To—Firefighter Grant (2018)_-_Reso.Docx Page 846 of 1675 32 PASSED AND ADOPTED this day of , 2018. 33 CITY OF BOYNTON BEACH, FLORIDA 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 VOTE 47 ATTEST: 48 49 50 51 Judith A. Pyle, CMC 52 City Clerk 53 54 55 (Corporate Seal) 56 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\92B255B8-D3E7-41B4-9E9B-D3E38B4D116F\Boynton Beach.11684.1.Approve_Assistance To—Firefighter Grant (2018)_-_Reso.Docx Page 847 of 1675 View Award Package Page I of I Award Package This page is intentionally blank https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire—admin/awards/spec/view—awar...Pg,q�)"�gDf 1675 View Award Package Page 2 of 15 U.S.Department of Homeland Security Washington, D.C. 20472 FEMA i Mr. Jeffrey Davidson Boynton Beach Fire Rescue 2080 High Ridge Rd. Boynton Beach, Florida 33426-8714 Re: Award No.EMW-2017-FO-00229 Dear Mr. Davidson: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year(FY)2017 Assistance to Firefighters Grant has been approved in the amount of$81,931.00. As a condition of this award, you are required to contribute a cost match in the amount of $8,193.00 of non-Federal funds, or 10 percent of the Federal contribution of$81,931.00. Before you request and receive any of the Federal funds awarded to you,you must establish acceptance of the award through the Assistance to Firefighters Grant Programs'a-grant system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo • Agreement Articles(attached to this Award Letter) • Obligating Document(attached to this Award Letter) • FY 2017 Assistance to Firefighters Grant Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Prior to requesting Federal funds, all recipients are required to register in the System for Award Management(SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your registration must be completed on-line at https://www.sam.gov/portal/public/SAM/. It is your entity's responsibility to have a valid DUNS number at the time of registration. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please go to https:Hportal.fema.gov to accept or decline your award. This will take you to the Assistance to Firefighters eGrants system. Enter your User Name and Password as requested on the login screen. Your User Name and Password are the same as those used to complete the application on-line. Once you are in the system, the Status page will be the first screen you see. On the right side of the Status screen, you will see a column entitled Action. In this column, please select the View Award Package from the drop down menu. Click Go to view your award package and indicate your acceptance or declination of award. PLEASE NOTE: your period of performance has begun. If you wish to accept your grant, you should do so immediately. When you have finished, we recommend printing your award package for your records. Step 2: If you accept your award, you will see a link on the left side of the screen that says Update 1199A in the Action column. Click this link. This link will take you to the SF-1199A, Sign-up Form, Please complete the SF-1199A on-line if you have not done so already. When you have finished, you must submit the form https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_awar..Pa7j63ffi1 &f 1675 View Award Package Page 3 of 15 electronically. Then, using the Print 1199A Button, print a copy and keep the original form in your grant files. Once approved you will be able to request payments online. If you have any questions or concerns regarding your 1199 , or the process to request your funds, please call ( 66)274-0960. Sincerely, ��u �u Thomas George DiNanno GPD Assistant Administrator https://eservices.fema.gov/FemaFireGrant/firegrant/J*sp/fire—admin/awards/spec/view—awar...Pt of 1675 View Award Package Page 4 of 15 This page ISIntentionally blank https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire—admin/awards/spec/view—awar..Pa'(�3Ml8f 1675 View Award Package Page 5 of 15 Summary Award Memo INSTRUMENT: GRANT AGREEMENT NUMBER: EMW-2017-FO-00229 GRANTEE: Boynton each Fire Rescue DUNS NUMBER: 072247133 AMOUNT: $90,124.00, Operations and Safety Project Description The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application, and detailed in the project narrative as well as the request details section of the application- including budget information -was consistent with the Assistance to Firefighters Grant program's purpose and worthy of award. The projects approved for funding are indicated by the budget or negotiation comments below. The recipient shall perform the work described in the grant application for the recipient's approved project or projects as itemized in the request details section of the application and further described in the grant application narrative. The content of the approved portions of the application -along with any documents submitted with the recipient's application -are incorporated by reference into the terms of the recipient's award. The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval, via amendment request, from FEMA. Period of Performance 06-JUL-18 to 05-JUL-19 Amount Awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this grant(including Federal share plus recipient match): Personnel: $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $90,124.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 State Taxes $0.00 Total $90,124.00 NEGOTIATION COMMENTS IF APPLICABLE (max 8000 characters) This grant includes an activity(Modification to Facility, Equipment or a component in the Wellness and Fitness Activity) that requires that you submit an Environmental Planning and Historic Preservation (EHP) Screening form for a review of your project. To access the EHP screening form and instructions for AFG activities, go to the Department of Homeland Security/Federal Emergency Management Agency site at: hftps://www.fema.gov/media-library/assets/documents/901 95 P,aa�AAof 1675 https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire—admin/awards/spee/view—awar... FIT View Award Package Page 6 of 15 Any questions pertaining to your award package, please contact your GPD Grants Management Specialist: Chanee Williams at Chanee.Williams@fema.dhs.gov. FEMA Tial Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. If you have any programmatic questions regarding your grant, please call the AFG Help Desk at 866-274-0960 to be directed to a program specialist. Grants Assistance Officer: The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a Grants Management Specialist. Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. ADDITIONAL REQUIREMENTS (IF APPLICABLE) (max 8000 characters) https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_awar.PaNZ(BOW 1675 View Award Package Page 8 of 15 Agreement Articles HomelandU.S. Department of FEMA Yid Washington, D.C. 20472 XD ARTICLESAGREEMENT ASSISTANCET PROGRAM -Operations Boynton it e Operations AGREEMENT NUMBER: - - 00229 AMENDMENT NUMBER: TABLE OF CONTENTS The FY 2017 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2017. The DHS financial assistance awards terms and conditions flow down to subrecipients,unless a particular award term or condition specifically indicates otherwise. Article I. Assurances,Administrative Requirements, o rici les,and Audit i DHS financial assistance recipients must complete either the OMB Standard Form 424B Assurances- Non-Construction Programs or OMB Standard Form 424D Assurances -Construction Programs as applicable. Certain assurances in these documents may not be applicable to your program,and the DHS financial assistance offs (DHS FAO)may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency.Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200, and adopted by DHS at 2 C.F.R. Part 3002. Article II. DHS Specifickno I eAssurances All recipients,subrecipients,successors,transferees,and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts,documents, information,facilities,and staff. 1.Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2.Recipients must give DHS access to, and the right to examine and copy, records,accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel,and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. https://eservices.fema.gov/FemaFireGrant/firegrant/J*sp/fire—admin/awards/spec/view—awar..P bof 1675 View Award Package Page 7 of 15 This page is intentionally blank https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire—admin/awards/spee/view—awar.PaNESGI(Sf 1675 View Award Package Page 9 of 15 3.Recipients must submit timely,complete,and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4.Recipients must comply with all other special reporting,data collection,and evaluation requirements, as prescribed by law or detailed in program guidance. 5.If,during the past three years, recipients have been accused of discrimination on the grounds of race,color,national origin (including limited English proficiency(LEP)), sex, age,disability, religion,or familial status,recipients must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS FAO and the QHS Office of Civil Rights and Civil Liberties.(CRCL) by e-mail at crclQhq.dhs.ggv_or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop#0190 Washington, D.C.20528. 6.In the event courts or administrative agencies make a finding of discrimination on grounds of race, color,national origin (including LEP),sex,age,disability, religion,or familial status against the recipient,or recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS FAO and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. Article Ill. Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made,including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing.Once notification has been made,any subsequent request for funds will indicate recipient acceptance of the changes to the award. If you have questions about these procedures, please contact the AFG Help Desk at 1-866-274-0960,or send an email to firegrants@dhs.gov. Article IV. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations,and other documents describing projects or programs funded in whole or in part with federal funds. Article V. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article VI. Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975(Title 42 U.S. Code,§6101 et seg.),which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article VII. Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles 1, 11,and Ill of the Americans with Disabilities Act,which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities, (42 U.S.C. §§ 12101- 12213). Article Vill. Animal Welfare Act of 1966 Where applicable, recipients of financial assistance will comply with the requirements of the Animal Welfare Act,as amended(7 U.S.C.§2131 et seq.),which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially,or exhibited to the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire—admin/awards/spec/view—awar...P1ffl9Y9r1'f 1675 View Award Package Page 10 of 15 Article IX. Best Practices for Collection and Use of Personally Identifiable Information(PII) DHS defines personally identifiable information (PII)as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Article X. Civil Rights Act of 1964-Title VI All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d et seg.),which provides that no person in the United States will, on the grounds of race,color, or national origin, be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article XI. Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968,which prohibits recipients from discriminating in the sale, rental,financing,and advertising of dwellings,or in the provision of services in connection therewith, on the basis of race,color,national origin, religion, disability,familial status, and sex(See 42 U.S.C.�3601 et seg.),as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e.,the public and common use areas and individual apartment units(all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features. (See 24 C.F.R.� 100.201.) Article XII. Contract Provisions for Non-federal Entity Contracts under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity,all contracts made by the recipient under the Federal award must contain provisions as required by Appendix II of 2 C.F.R. Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards,including but not limited to the following: a. Contracts for more than the simplified acquisition threshold set at$150,000. All recipients who have contracts exceeding the acquisition threshold currently set at$150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C.§1908, must address -administrative,-contractual,or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b. Contracts in excess of$10,000. All recipients that have contracts exceeding$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. Article XIII. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C.�§401 or 402 and an acknowledgement of U.S.Government sponsorship(including the award number)to any work first produced under federal financial assistance awards. Article XIV. Debarment and Suspension All recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders(E.O.) 12549 and 12689, and 2 C.F.R. Part 180.These regulations restrict federal financial assistance awards,subawards,and contracts with certain parties that are debarred, https:Heservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_awar.PapYSO1 F 1675 View Award Package Page I I of 15 suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XV. Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub- recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA,you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R.§200.313. Article XVI. Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988 f41 U.S.C. §8101 et seg.), which requires all organizations receiving grants from any federal agency agree to maintain a drug- free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual)of 2 CFR part 3001,which adopts the Government- wide implementation(2 CFR part 182)of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690,Title V,Subtitle D,-41 U.S.C. 8101-8107). Article XVII. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies,to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However,these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes,regulations, or the federal financial assistance award terms and conditions. Article XVIII. Education Amendments of 1972(Equal Opportunity in Education Act)- Title IX All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 L20 U.S.C. § 1681 et seg.),which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the.benefits of,or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 Article XIX Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C.§6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XX Environmental Planning and Historic Preservation Screening AFG funded activities that may require an EHP review, involving the installation or requiring renovations to facilities, including but not limited to air compressor/fill station/cascade system (Fixed)for filling SCBA,air improvement systems,alarm systems,antennas,gear dryer,generators(fixed), permanently mounted signs, renovations to facilities, sprinklers,vehicle exhaust systems(fixed)or washer/extractors are subject to FEMA's Environmental Planning and Historic Preservation(EHP)review process. FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by FEMA grant funds,through its EHP Review process,as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966,as amended; National Flood Insurance Program regulations; and,any other applicable laws and Executive Orders.To access the FEMA's Environmental and Historic Preservation (EHP)screening form and instructions go to our Department of Homeland Security/Federal Emergency Management Agency website at: hftp�sL//www.fema.gov/librarv/viewRecord.do?id=6906. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD)along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. Article XX1. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C.§3729-3733 which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. 3801-3812 which details the administrative remedies for false claims and statements made.) Article XXIL Federal Debt Status PQQJ/9&P80f 1675 https://eservices.fema.gov/FemaFireGrant/firegrant/J*sp/fire—admin/awards/spec/view—awar... 771 View Award Package Page 12 of 15 All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances,and benefit overpayments. (See OMB Circular A- 129.) Article XXIII. Federal Leadership on Reducing Text Messaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a)of the Order when on official government business or when performing any work for or on behalf of the federal government. Article XXIV. Fly America Act of 1974 All recipients must comply with Preference for U.S.Flag Air Carriers(air carriers holding certificates under 49 U.S.C.�41102)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C. 40118)and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B-138942. Article XXV. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. 2225a,all recipients must ensure that all conference,meeting, convention,or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974,as amended, 15 U.S.C. 4 2225. Article XXVI. Limited English Proficiency(Civil Rights Act of 1964,Title VI) All recipients must comply with the Title VI of the Civil Rights Act of 1964(Title VI) prohibition against discrimination on the basis of national origin,which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency(LEP)to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance hps:/ dhs gov/guidance-published-help-department-supported-organizations-provide- meaningful-access-people-limited and additional resources on http://www.lep.gov. Article XXVII. Lobbying Prohibitions All recipients must comply with 31 U.S.C. � 1352,which provides that none of the funds provided under an federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt 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 any federal action concerning the award or renewal. Article XXVIII. National Environmental Policy Act All recipients must comply with the requirements of the National Environmental Policy Act(NEPA)and the Council on Environmental Quality (CEQ)Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy,to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social,economic,and other needs of present and future generations of Americans. Article XXIX. Nondiscrimination in Matters Pertaining to Faith- Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies,enabling those organizations to participate in providing important social services to beneficiaries.All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations,and guidance governing the participations of faith-based organizations in individual DHS programs. Article XXX. Non-supplanting Requirement https:Heservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar.P a§4 93010 1 675 View Award Package Page 13 of 15 All recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-federal sources. Article I. Notice of Funding Opportunity Requirements All of the instructions, guidance,limitations, and other conditions set forth in the Notice of Funding Opportunity(NOFO)for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XXXIL Patents and Intellectual Property Rights Unless otherwise provided by law,recipients are subject to the BaY117Dole Act, Pub. L. No. 96-517,as amended,and codified in 35 U.S.C.§200 et seq.All recipients are subject to the specific requirements governing the development, reporting,and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R.§401.14. Article III. Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award,you must request prior written approval from DHSIFEMA where required by 2 C.F.R.§200.308. For awards with an approved budget greater than$150,000,you may not transfer funds among direct cost categories, programs, functions,or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%)of the total budget DHS/FEMA last approved.You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report(SF-425)you submit following any budget deviation,regardless of whether the budget deviation requires prior written approval. Article XXXIV. Procurement of Recovered Materials All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovety Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article V. Protection of Human Subjects Where applicable, recipients of financial assistance will comply with the requirements of the Federal regulations at 46 CFR Part 46,which requires that recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development,testing,and evaluation,designed to develop or contribute to general knowledge.Activities that meet this definition constitute research for purposes of this policy,whether or not they are conducted or supported under a program that is considered research for other purposes.The regulations specify additional protections for research involving human fetuses, pregnant women,and neonates(Subpart 13);prisoners(Subpart C);and children (Subpart D).The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. Article XXXVI. Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973,29 U.S.C.§ 794,as amended,which provides that no otherwise qualified handicapped individuals in the United States will,solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article XXXVIL Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipients currently active grants,cooperative agreements,and procurement contracts from all federal assistance offices exceeds$10,000,000 for any period of time during the period of performance of this federal financial assistance award,you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and https://eservices.fema.gov/FemaFireGrant/firegrant/J*sp/fire—admin/awards/spec/view—awar..P4M §)f 1675 View Award Package Page 14 of 15 Performance Matters located at 2 C.F.R. Part 200,Appendix XII,the full text of which is incorporated here by reference in the award terms and conditions. Article XXXVIII. Reporting Subawards and Executive Compensation All recipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170,Appendix A the full text of which is incorporated here by reference in the award terms and conditions. Article XXXIX. SAFECOM All recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article XL. Terrorist Financing All recipients must comply with E.O. 13224 and U.S.law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article XLI. Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government-wide award term which implements Section 106(g)of the Trafficking Victims Protection Act of 2000, (TVPA)as amended by 22 U.S.C.�7104. The award term is located at 2 C.F.R. � 175.15,the full text of which is incorporated here by reference in the award terms and conditions. Article XLII. Universal Identifier and System of Award Management(SAM) All recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25,Appendix A.the full text of which is incorporated here by reference in the terms and conditions. Article XLIII. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America bV Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act) which amends 18 U.S.C.�4 175-175c. Article XLIV. Use of DHS Seal, Logo and Flags All recipients must obtain permission from their DHS FAO,prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials,including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XLV. Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections(if applicable) at 10 U.S.0§2409, 41 U.S.C.4712,and 10 U.S.C. §2324,41 U.S.C.&&4304 and 4310. https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_awar..Pa'�b3Ml$f 1675 View Award Package Page 15 of 15 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARDIAMENDMENT I a.AGREEMENT NO. 2.AMENDMENT 3.RECIPIENT NO, 4.TYPE OF 5.CONTROL O. EMW-2017-FO-00229 NO. 59-6000282 ACTION WX02682N2018T 0 AWARD 6.RECIPIENT NAME AND 7.ISSUING OFFICE AND ADDRESS 8.PAYMENT OFFICE AND ADDRESS ADDRESS Grant Programs Directorate FEMA,Financial Services Branch Boynton Beach Fire Rescue 500 C Street,S.W. 500 C Street,S.W.,Room 723 2080 High Ridge Rd. Washington DC,20528-7000 Washington DC,20472 Boynton Beach POC:Rosalie Vega Florida,33426-8714 9.NAME OF RECIPIENT PHONE NO. 10. NAME OF PROJECT COORDINATOR PHONE O. PROJECT OFFICER 5617426326 Catherine Patterson 1-866-274-0960 Jeffrey Davidson 11.EFFECTIVE DATE OF 12.METHOD OF 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD THIS ACTION PAYMENT Cost Sharing From:06-JUL- 06-JUL-1 8 SF-270 18 To:05-JUL-19 Budget Period From,30-APR- To:30-SEP-18 18 15.DESCRIPTION OF ACTION a.(indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NAME (ACOS CODE) TOTAL AWARDED THIS TOTAL NON- ACRONYM XXXX-XXX-XXXXXX-XXXXX- AWARD ACTION AWARD FEDERAL xxxx-xxxx-x +OR(-) COMMITMENT AFG 97.044 2018-F7-C111-134310000- $0.00 $81,931.00 $81,931.00 $8,193.00 4101-D TOTALS $0.00 $81,931.00 $81,931.00 $8,193.00 b.To describe changes other than funding data or financial changes,attach schedule and check here. N/A 16a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS DOCUMENT TO FEMA(See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE N/A X N/A 18.FEMA SIGNATORY OFFICIAL(Name and Title) cc fto DATE Rosalie Vega 28-JUN-18 GO ack https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view—awar... P1F1119/§@?8Of 1675 6.K. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-108-Authorize Mayor Grant to sign the Hazard Mitigation Program (HMGP) grant application, requesting $637,500 for the Lakeside Gardens Drainage Improvements project with $212,500 match from Boynton Beach Utilities for a total project cost of$850,000. EXPLANATION OF REQUEST: The Federal Emergency Management Agency (FEMA) provides a matching grant(75% Federal, 25% local) through the Hazard Mitigation Grant Program that addresses flooding. The grant application deadline is August 6, 2018. The Lakeside Gardens neighborhood is located east of Federal Highway along Potter Road, North Lake Drive, and Dimick Road bordering the Intracoastal Waterway. The community is prone to flooding during high tides and rain events, and the need for the drainage improvements was identified in the 2013 Flood Mitigation Plan. The Lakeside Gardens Drainage Improvements project is currently ranked No. 4 on Palm Beach County's Local Mitigation Strategy Prioritization Project list out of 88 projects in the County and aligns with the state's mitigation goals and objectives. Since the grant deadline is August 6th, City staff is requesting Commission approval for the grant application in accordance with the Grant Management Administrative Policy APM#01.02.1. If the application deadline does not allow sufficient time for commission approval prior to the application deadline, the city manager may give approval to submit the application, provided the department places the grant application on the next available commission meeting agenda for approval. If the commission denies the request to submit the grant application, the responsible department must immediately contact the funding agency and remove the application from consideration. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Lakeside Gardens community is prone to flooding during spring and king tides, storm events, and periods of prolonged rain. Implementation of the drainage improvements will provide an improved level of service that reduce nuisance flooding and standing water in the neighborhood. FISCAL IMPACT: Non-budgeted The Federal Emergency Management Agency (FEMA) provides a matching grant(75% Federal, 25% local) through the Hazard Mitigation Grant Program. The total project cost is anticipated to be $850,000.00. Estimated Federal share is$637,500.00 (75%) and $212,500.00 (local match). Funding for the local match is available in the Utilities CIP budget. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 863 of 1675 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: $637,500 ATTACHMENTS: Type Description D Resolution Resolution authorizing the Mayor to sign the Hazard Mitigation Program (HMGP) D Grant Application Grant application Page 864 of 1675 1 RESOLUTION NO. R18 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN ALL 5 DOCUMENTS ASSOCIATED WITH THE HAZARD MITIGATION 6 PROGRAM(HMGP) GRANT APPLICATION; AND PROVIDING AN 7 EFFECTIVE DATE. 8 9 10 WHEREAS, the Federal Emergency Management Agency (FEMA) provides a 11 matching grant (75% Federal, 25% local) through the Hazard Mitigation Grant Program 12 that addresses flooding; and 13 WHEREAS, the Lakeside Gardens community is prone to flooding during high 14 tides and rain events and the need for drainage improvements was identified in the 2013 15 Flood Mitigation Plan; and 16 WHEREAS, implementation of the drainage improvements will provide an 17 improved level of service that reduce nuisance flooding and standing water in the 18 neighborhood. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission approves and authorizes the Mayor to sign all 26 documents associated with the Hazard Mitigation Program (HMGP) grant application 27 requesting $637,500 for the Lakeside Gardens Drainage Improvement project with a 28 $212,500 match from the Boynton Beach Utilities for a total project cost of$850,000. 29 Section 3. This Resolution shall become effective immediately upon passage. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\FE2266B3-9D77-4755-BB9F-071FDE9098C9\Boynton Beach.11686.1.Approve_Hazard_Mitigation_Program_Grant Application_-_Reso.Docx Page 865 of 1675 30 PASSED AND ADOPTED this day of , 2018. 31 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 48 VOTE 49 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 59 (Corporate Seal) 60 61 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\FE2266B3-9D77-4755-BB9F-071FDE9098C9\Boynton Beach.11686.1.Approve_Hazard_Mitigation_Program_Grant Application_-_Reso.Docx Page 866 of 1675 THIS SECTION FOR STATE USE ONLY FEMA---DR-FL 10 Standard HMGP 5%Initiative Application Application Initial Submission or El Re-Submission Support Documents Eligible Applicant El Conforms I State 409 Planr Local Government D Wind In Declared - r t ID Received) Flood El Statewide Indian rf r Tribal Organization El Other: Community NFIP Status:(Checkall that apply) LMS Ranking- El Participating i I El In Good Standing - I tin ar9' State ApplicationID: This application is for all Federal Emergency Management Agency(FEMA Region IV)Hazard Mitigation Grant Program(HMGP) proposals. Pl complete ALL sections and pr6v!den . If you require technical ssi , please contact the Florida Division of Emergency Management at DEM—HazardM!tigationGrantProgram@em.myflovid2.cOrn. ApDlicant ApplicantA. Instruction: Complete all Sections that correspond with the type of proposedproject Application Sections I­IV1. All Appii nts m ust com plete these sections Environmental 11 Applicants must complete these sections Maintenance nt. Any Applications involving public property, public ownership, or management of property Flood !—Drainage Acquisition, Elevation, Dry Flood proofing, Drainage Improvements, Flo Improvement t® Control Measures, Floodplain and Stream Restoration, and Flood Diversion —one worksheet per structure Generator Worirsheet. Permanent,portable generators, and permanent emergency standby pumps Tornado t of existing structure, Community Safe Room, Worksheet., Residential Safe Room Hurricane afe Room New SafeRetrofit of existing structure Workshoot. Retrollt Worksheet. Wind Retrofit projects only—one worksheet per structure Wildfire s Defensible Space, Hazardous Fuels Reduction, Ignition Resistant Construction, other Drought o t: Aguffers, other Request for Public Assistance FEMA Form 0-49(Request for Public Assistance):Ali applicants must complete, if applicable. Acquisition Q If project type is Acquisition,these forms must be completed. (Only one of the two Notice of Voluntary Interest forms is necessary.) Model Statement of Assurances for Properly Acquisition Prqfects Declaration and Release Notice of Volunlaty Interest(Town Hall Version) Notice of Voluntary Interest(Single Site Version) Statement of Voluntary alpation FEMA Model Deed Resor on Language Application All applicants are recommended to complete this checklist and utilize the Guidance! c li : guidance for completing the application. 1 [Afterh any additional items and nate ectlon f 1675 B. Applicant Information: FEMA-4337-DR-FL DISASTER NAME: Hurricane Irma Title/Brief Desri iv r ject Summary: City of Boyn on Beach Lakesider i lmvrovemen 1. Applicant(Organization): City of Boynton Beach 2. Applicant Type: ® State or Local Government❑ Native American Tribe El Private Non-Profit ❑ Special District 3. County: Palm 4. State Legislative Senate District(s): 31; State Legislative House District(s): 89 Congressional House District(s): 21 76use 5. Federal Tax I.D. Number: -6000282 6. Data Universal Numbering System (DUNS): 072247133 7. Federal Information Processing Standards(FIPS)Code*: 1207875 (If your FIDS code is not known, see guidance) 8. National Flood Insurance Program (NFIP)Community Identification Number: 120196 (this number can be obtained from the FIRM map for your area) 9. Point of Contact: (Person serving as the coordinator of project) r. First Name: Last Name: Title: i i r Address: 124 East Woolbright City: Boy iton Beach State: FIL Zip Code: 33435 Telephone: 561-742-6421Email: flus 10. Application Prepared by: ®Ms. ❑Mr. First Name: Last Name: Prymas Title: Senior Engineer Telephone: 661-742-6421 ail: 11. Authorized Applicant Agent(proof of authorization authority required) E]Ms. NMr. First e: Last Name: Grant Title: r Address: 124 East Woolbright City: Boynton Beach StatZip Code: 33435 Telephone: 561-742.6410 Emil: r Signature: 12. Local Mitigation Strategy(LMS)Compliance a. All proposed projects must be included in the county's Local Mitigation Strategy(LMS) Project List, and on file with FDEM's Mitigation Bureau Planning Unit. Does your jurisdiction have a current FEMA Approved Mitigation Plan and this project is listed? ® Yes ❑ No b. Attached is a letter of endorsement for this project from the county's LMS Coordinator. ®Yes ❑ No Ensure the LMS endorsement letter contains both the Total Estimated Projects Cost(Section IV. D.), along with the Estimated Federal Share (Section IV. E.1.)allocated to this project. c. The LMS project list and endorsement letter both have an estimated cost column and Federal Share amount that is within$500.00 between the two ®Yes ❑ No 13. Has this project been submitted under a previous disaster event? ® No ❑ Yes, please provide the disaster number and project number(as applicable): 2 [Attach any additional items and note Section] orm No.HMC7P age 868 o 1675 Section 11— P[oject Description A. Hazards to be Mitigated I Level of Protection 1. Select the type of hazards the proposed project will mitigate: 0 Flood El Wind 0 for surge El Wildfire El Other(list): 2. Identify the type of proposed project: Elevation and retrofitting of residential or non-residential structure Acquisition and Relocation El Acquisition and Demolition El Wind retrofit Z Drainage project that reduces localized flooding El Generator El Other(please explain) 3. List the total number of persons that will be protected by the proposed project(include immediate population affected by the project onfy): 100 4. List how many acres of"Total Impacted Area" is to be protected by the proposed project(include immediate area affected by the project only): .11_Acres 5. Fill in the level of protection and the magnitude of event the proposed project will mitigate. (e.g.21 structures protected against the 1JQQ-year storm event(1%chance) 16 structure(s) protected against the 50-year storm event(10, 2a 50, 100, or 500 years event) -structure(s)protected against_ it per hour(mph) in B. Check all item(s)the project may impact: El Wetlands Water Quality El Previously Undisturbed Soil Z Floodplain Coastal Zone El Toxic or Hazardous Substances El Historic Resources Fisheries 0 Threatened &Endangered Species [I Vegetation Removal Public Controversy Potential for Cumulative Impacts ER Health &Safety El Other 7. Engineered projects:If your project has been already designed and engineering information is available, please attach to your application ALL calculations, H&H study and design plans(e.g. Drainage Improvement, Erosion Control,or other special project types). Z No El Yes If so, see Attachment#(s)_. B. Project Description, Scope of Work, and Protection Provided (Must be Completed In Detail) Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will solve the problem(s)and provide the level(s)of protection described in Part A. Also, if available, attach a vendor's estimate and/or a contractor's bid for the scope of work. Please ensure that each proposed project is midgation and not maintenance. 3 [Attach any additional items and to Section] pRaqvD36SW 1675 "I 1. Describe the existing problems: Several times a ygar,normal and severe rainfall events and hightides,,caus localized i ! e ly. Duringl tides and severe weather events malorflooding,,, ccurs on N Lake Drive mak!021heroad Irngassable The l rig shutsroads causing r i i i community in,; is safetycr residents r fire I enforcement ! !district service and workattendance. Additionally,the seriousri r i roadway goses a trafficResidents and ele d officialsidentified !na as a orlorltv resource managementn rn. The Lakesiden ! Is located in theIty of BWt)n Beach. Palm Beach County, the east side of U.S.Highway 1, between,,,the,,,Intracoaltal Waterwpy and U.S. Highway1,,In a FEMA Special Flood area Includes v r l National Flood Insurancer -Community Rating ( Regetitive Loss r [ which 18 WDrOXImately,33, rin II tides vary from3.5 to 3.75 above MSL. High densUzoning(condominiums) developed immediately north and southLakeside r ns elevation significantly i h r than Lhe general level nt rqgdj_ggAMgertles.There is no overlandfrom, i Etatot Inr ! . it i lin i I 1 i , nin c rag r t h i r n i nt I -I n i .Thi lai I r t r v u s - i u r I i trIr experienceBased on ! s engineers andt r t r field Dersonnel, in the state southeastproblems arise n r.,ainfall events on a saturatedground.The groundtin I i is tffllcal i South Florlda.in the course of the rainyc r in ist ric I rainfall data analylls,rin in south Floridalast several,,months. Lakeside r n i i i level I tai developmentn sal vel rise, r_ tertable is rising il r is flowingItr l Waterway throughe existing stormI Into the streets.and low-136ng areas.Surface water percolation Into run is affected. In recent i II events and duringi the entire coMMUnityinundated s ani critical areas withto 24 inches of water depth.The CWsr r unit rovided ernergengy flood relief and cleaning tin lessen the resident7shardship. r several hours of continuous !te discharge using the Utilities Vac-Trucks the stormwater able to substantially reduce the floodingr do t . While thisr l is i ! i potential temporary solutionto reduce,,flc in i t neighborhood v placing a gortablesouth . Lake Drive to pumg stormwater from current stormwater collectionastern. 2. Describe the type(s)of protection that the proposed project will provide: The side Gardens Draingge improvements Proi it provide grotectionlife.health,safety and Pr v. Severe floodina is a oublicof th r medical a fire law enforcementis can have difficultles reachingthe residentsemergency calls. in r l2oses a health diseases,including those causedr i saulto Dooulations,chemical contaminants and electrocution. Additionally,i h i i r lunit c . r i -I n propertiesi I �Co t �nd liiy I! n r n I Ik i t it i it , c. Several of the residence's I v l inches higherroad.The project will mitigatet i I r continuousr loss.The prolectrepetitive r Iem that Doses a signifiSant risk public al sgifety If not resolved. The drainage 1mgrovernents of the Lakesides roadway III be irnglemented to mitigatei extent and water depth and reducin adverse Irn acts to theo a n.The drainage sygtom will collect r r in eachcatch In before beingdischarge u i r gravity t the Lake W 4 [Attach any additional items and note Section] age O$/ o? 1675 3. Scope of Work(describe in detail what you are planning to do): LhAgraledwIII,grovideaMMggradedd Ige pMLem along Potter Rd.and N Lake Dr.to allow t to drain faster to the outflow areas and Into the Intracostal Waterway,The outfiamLgim—will be uglized and will include back- flow prevention valves to prevent tidal waters from flowing back to T_hAmller ilMms2LILe_2rojectinvolvanfflgl2l&AXMrE.aal���tom�Le. constructigavAdeninagagInLralingafth,lis wIt h :urb and autter.Includina two outlWls where stormwater dischaMes Into the Intracostal Waterway. Each jdschargige will include stormwater treat ant. Ift22ro 2as Ad UDUraded stomrN IIL§yMpm Includge tht_MRROgEMOon of Potter Rd.and N. Lek&Drive with a Ion th of a i2prOXIMgt"1 .250 feet.Four existing drainage structures will be pWisced,and five new draInM structures will be ins lgiledincluding a drainggLgUMg station at the east end of Potter Rd. Both existing outfal Is will be Eldesi nod/upsized includigg back flow prevention valves.The now campdog A _11M pI and outflows will be designed f2r the groper.capacity based on the oMst digalMajp studE. For budg@tl iis s®the following pipe sizes and Ig1lis are estimated: 1,200 ft.of I r RCP along Potter Rd and N.Lake Dr. 170_fLof 10" PVC Pressure ouffal I from gump afat:12 _n 180 ft of 24" RCP outfal I gUout h side of N. Lake Dr. Swales have not been effective because the existing soil is rnuq!qI with high content of organic malterial and minimal or none infiltration SApagity. For wa all y® struGt_uE!i_wIll b_e providgA with a minimum of 12 Inches I The new d M[nage sptem, roadway wLden and re rad inc!uding curb and gutters,Mdll ingprornote better surface drainagg that leads to greater protection of I! Land-gEa2ift The Cily contracted with VVGI t2gggraphic survey to gathe[data necesagy for alternatives formulation of Potter Road and N. Lake Drive drainag2 Wgrovements on ClIg's Right of Way(fflyb.SubseAuqUMXAhIM&ns to procure englnggftqq_servlqes to assist with the design,Pprmitting and construction biddiniL. 4. Describe any other on-going or proposed projects in the area that may impact, positively or negatively, the proposed HMGP Project: as del Mar®Dirnick R a drain gge lMgLoygMnts. 5 [Attach any addillonal ftms and note Section] OW".8-Wof 1675 5. Describe the purpose and need for the proposed project: The need for the drainageImprovements on Lakesi r n s identified in the 2013 Flood Mitigation Plan and its action,,,,plan reguires increase the correctionf localized En e problems so thatv I r n n n i rho is lac i ieetitive Loss Area#11,intense or prolonged; concentrated i I h i i t e titin I s , i r r in II v cc r i l l Et rri n I I r n s ci withfrontal .Theoverabundancerainfall to it ii r ich ItE I I caul ponding r v r r I s nth +i of s is n l in streetr ing and severed roadWay Lakeside r i Impacted v i e i 1 1 1 ri i u I t I i wateradded Iti I n I i i f r sit s.I ut e t FI rl sea level is i rise the fbilowl,ng,I • Incre E I in • Increasing inland In ImRalod s r r inr tr r • Decreasing Rrope[bfvalues,,, • Increasing insurange costs BoyntRn Beach and other cities,,are considering sea level rise In decisions aboA2ublic Infrastructure n'd cilli . v Enc Igg the number of stormr i Inlets and storm gipe capacithr Ee tin Ei s roadwpy flooding fromsevere rainfall, r E I events.The projectdesign willinclude ni t keeg Mal waters outf the storm I .The pigposedi Improvements will eliminate 1mgassable,roads,the potential r propertvdamage and public.Safety hazard.for example,driving through flooded streets can produce that,,womensin uil I I n s t,additionally,electrical currents can r v l r s t rctl hreatening conditionsr duringAnd for a pgriodafter, v r i II r i E i r ' this f tt rrin I In E io to the exoseted increase of resident'si f i n wellbel community ill no I r exgosed to,,,fioodina repercussions,i.e. 1. Unable to wslegressIli r denth.extent of ln_u,g d,ated area and water ponding duration 2. QgMa ge to vegetation and grope�t 3._Solleroslon 4. Hindering schoollwork 5. Safety a rn 6 [Attach any additional items and note Section] orm NtYY o? 1675 Section III —EUo ect Location, (Fully describe the location of the proposed project.) A. Site 1. Describe the physical location of this project, including street numbers (or neighborhoods)and project site zip code(s). Provide precise longitude and latitude coordinates for the site utilizing a hand-held global positioning system (GPS)unit or the equivalent: Location: The project area is located in the east side of 33435 Including Potter Road, N Lake Drive and i ick Road. ddress(s): N LakeDrive-_Boynton a 33435 GPS 000rdinates(decimal degree format): L 26.551647057 n Lon 80.053342963 Project Zip Code(s): 33435 . Title Holder: CIIX . is the project site seaward of the Coastal Construction Control Line(CCCL)? Yes 0 No . Provide the number of each structure type(listed below) in the project area that will be affected by the project. Include all structures in project area. ED Residential property: 15 Public buildings: El Businesses/commercial property: El Schools/hospitals/houses of worship: Other: 1 FloodB. Insurance to FIRM) Showing Projecti 1. Z Attach one(1)copy of the FIRM map, a copy of the panel information from the FIRM, and, if available, the Floodway Map. FIRM maps are requiredr this application(iP published for your ). Also, all attached maps must have the project site and structures cl a the map. FIRMs are typically available from your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also be ordered from the Map Service Center at 1-800-358-9616. For more information about FIRMs, contact your local agencies or visit the FIRM site on the F - page at haps.firrisc.feM .g ofI. 2. Using the FIRM, determine the flood zone(s)of the project site(Check all zones in the project area) (See FIRM legend for flood mne explanations)(A Zone must be darififted) D VE or V 1 or A 1-30 0 AO or AH El no base flood elevationgiven) El B or shaded or unshaded EJ Flood El Coastal Barrier Resource Act( )Zone (Federal regulations strictly limit Federal funding for projects in this Zone; please coordinate with your state agency before submittingn application for a CBRA Zone project). . the FIRM Mapfor your area is not published, please attach a copy of the Flood Hazard Boundary F far our area with the ro° ct site and structures clearly marked on the map. 4. El Attach a copy of a Special Flood HazardArea Flood Insurance Assurance(s). C. City r County Map withProject i 1. 0 Attach a copy of a city or county scale map(large enough to show the entire project area)with the project site and structures marked on the map. 2. Attach a USGS 1:24,000 TOPO map with project site clearfy marked on the map. . For acquisition or elevation projects, include copy of Parcel Map(Tax Map, Property Identification Map, etc.)showing each property to be acquired or elevated. Include the Tax 1D numbers for each parcel, and Parcel information—including year built and foundation. . Attach photographs ( t a minimum 4 photographs)for each project site per application. The photographs should be representative of the project area, including any relevant streams, creeks, rivers, etc. and drainage areas that affect the project site or will be affectedby the project,and labeled. For each structure, please include the following angles:front, back and both sides. 7 [Attach any additional items and note ect[on] "Z Fof 1675 Section IV- Budget/Costs In this section,provide details of all the estimated costs of the project As this information is used for the Benefit-Cost Analysis, reasonable cost estimates are essential. Contingency Cost should be included as a line item in the budget section and justified. Recommended range is 1 to 5%. Avoid the use of lump sum costs. A. Materials Item Unit 0 _yant#V Costper Unit Un,t cost Mobill zation, Maintenance of Traffic and General Reguiremer _190,000.00 Stormwater p1ping and structures $109,000.00 Roadwav restoration and vAdeng $98,250.00 Back-fio vention valves g $3 Drainage gurnp station $50,000-00 Utilities relocation $15,000.00 jub-Total $392,250.00 B. Labor include equipment costs. Please indicate all "soft"or in-kind matches DeLscrition Hours to Cost p Mobilization, ainnance of Traffic and General Reguirements $90,000.00 to water piping and structures $64,000.00 Roady@y restoration and Mg2n!M_ $88,2%0 Back-flow prevention valves $10,000.00 Drainage purn s tion $50,000-00 Utilities relocation $5,000.00 ju—b-Total .$327,250-00 C. Fees Paid include any other costs associated with the project. scri tion o TaskHours to cost Outreach $9,500.00 Con ion Administration $55,500.00 $65,500.00 confingenc y lu-b-40tal $130,5 D. Total Estimated Project Cost $850,000.00 Note:To be Walble for HMGP fundiM pre-award..costs must be identified as separate line items in the cost estimate of the al2olication. This must be done in addition to fillim out the HMGP Pre-Award Cost Request F_orm submitted with awficaflon. Mark each Pre rd cost with an asto d match must be identified in the Lqg ion IV.B and D— FundLng Sou s). 8 [Attach any additional items and note Section] orm No.�IGl Page 4 V1675 E. Funding Sources (round figures to the nearest dollar) The maximum FEU4 share tbr HMGP projects is 75%. The other 25%can be made up of tea Local funds as well as in-kind services. HMGP funds may be packaged with other Federal funds, but other Federal funds(except for Federal funds that lose it Federal identity at the State level,such as CDBG, and certain tribal funds)may not be used for the Non- Federal share of the costs. 3. Estimated Federal Share $637,5075% _% of Total (Maximum 75%) 2. Non-Federal Share 3. Estimated Local Share $212,500D8 25% % of Total (cash) 4. %of Total (In-Kind—) 5. % of Total (Global Match—) 6. Other Agency Share %of Total (identify Non-Federal Agency and avallablifty date) 7 Total Funding sources from above $850,000.00 1® Total (Equals 100%) —Elldenffy proposed eligible activities directly related to project to be considered for In-Kind services in Section N.B.Labor. —E]Separate project applications must be submitted fbr each Global Match project. Global Match Project Number and Title: R Project Milestones/Schedule of Work List the major milestones in this project by providing an estimate time-line for the critical activities not to exceed a period of 3 years of performance. (e.g.Designing,Engineering,PefmiWng,etc.) fie es m ............... Number of rs to Co eie ............... ............... Biddh �and Cqnstruchon�Contract ........................... ....................... uPe its 120 §L�bmft Mobilizaflon 60 ons trucfion of Drainage Systeg!_2!!4_yqdei S 120 ............................................... .............. ........................................................ Relocation of electical poles and communicaHons 90 ...................... ............... ........................... ......... Construction of R rovernent's 120 1'"'"........... ...... 'Pio....................................2!f2g!��.............................. ...................6,0 ........................................ r — r ................................... ............ ......................... ............... .............. ...............1-1-1-1...............11............ ............ ......................... ............................ .......... ......... ........... ................... .................................... .............. ................ ................. ....................................... .............................. ............... .................................................. ............................... ................... 0 Total 72D ............ .............................. ­�_­­­­........... [Attach any additional items and note Seclon) 0R"&1W!W0f 1675 Section V. Environmental Review and Historic Preservation Compliance (NOTE. This application cannot be processed if this section is not completed.) Because the HMGP is a federally funded program, all projects are required to undergo an environmental and historic preservation review as part of the grant application process. Moreover, all projects must comply with the National Environmental Policy Act(NEPA) and associated Federal, State, Tribal, and Local statutes to obtain funding. NO WORK can be done prior to the NEPA review process. If work is done on your proposed project before the NEPA review is completed, it will NOT be eligible for Federal funding. A. The following Information is required for the Environmental and Historic Preservation review: All projects must have adequate documentation to determine if the proposed project complies with NEPA and associated statutes. The State Environmental Staff provide comprehensive NEPA technical assistance for Applicants, with their consent, to complete the NEPA review. The type and quantity of NEPA documents required to make this determination varies depending upon the project's size, location, and complexity. However, at a minimum, please provide the applicable documentation from this section to facilitate the NEPA compliance process. 1. ® Detailed project description, scope of work, and budgettcosts(Section II and Section IV of this application). 2. ® Project area maps(Section III, part B &C of this application) 3. ® Project area/structure photographs(Section III, part C of this application). 4. ® Preliminary project plans. 5. ® Project alternatives description and impacts (Section V of the application). 6. ® Please complete the applicable project worksheets. Documentation showing dates of construction are required for all structures. 7. Environmental Justice—Attach documents regarding evaluation (required)and satisfactory resolution (if necessary)of Environmental Justice issues(Highly Disproportionate, Adverse Impact(effects)on Minority or Low Income Population). Documents can include public meeting records, media reports letters from interested persons and groups, studies on population, ethnic groups, quality of life, housing, economics, transportation, public services, schools, public health, recreation, voting, etc. 8. Z Provide any applicable information or documentation referenced on the Information and Documentation Requirements by Project Type below. B. Executive Order 12898; Environmental .Justice for Low Income and Minority Population: 1. Are there low income or minority populations in the project area or adjacent to the project area? ❑ No [K Yes; please describe any disproportionate and adverse effects to these populations: The Cit onto each have seve�'m orit c mu le with %o thel tion b in Ick r African America 1 %Hit, ic or Latino, ° and °!o ltiracil. Flooding i Lkesi a ardens does not s pact these inorit n i horood s o . Len t rios f neighborhood flooin inhibit r lent 'aili to access pubkkgnaslDion os health ins. tnin at r Dees a health thr at fro diseases including the zlka from breeding mosauitO populations, chemical contaminants and risible electrocution. . To help evaluate the impact of the project, please indicate below any other information you are providing. ® Description of the population affected and the portion of the population that would be disproportionately and adversely affected. Please include specific efforts to address the adverse impacts in your proposal narrative and budget. The Lakeside Gardens nei hborhood is a middle class n i hborhood.There is nota int inti#I sin the neighborhood that will be dis ro ortionallyn v el affected. a for residents i re tl ct d if he grolgplais not I I ment . On November 2 17.the i con uce loo Awareness rko i theaa after Hurricane Irma and Maria that was well attend Lakeside Gardens residents.Additionall the Citv sent a letter to the residents informing then of the ig topographicsurvey an istributed door hangers about the,placement of temgorM,pu t re flood a a . The Ci will continue t reach out to the residents to k the informed of pMLectstatus. 10 [Attach any additional items and note Section] Ikorm N ��GP 1675 Attached materials or additional comments: Please include Of documentation from the US Census Quick Facts and American Factfinder's site of the project area(httD://www.cengg&.gov/ The Census.gov attachment shows that 16% of Boynton Beach-aopulation lives below thea 11DO"vertV level and that 30% of the population is black or African AMg�����no,2%Asian and 2% multiracial. 11 [Aftach any additional items and to Se `on] �f 1675 C. Tribal Consultation (Information Required) Section 906 of the National Historic Preservation Act(NHPA)requires federal agencies to take into account the effect of their undertakings on historic properties. The NHPA requires that agencies must complete this process prior to the expenditure of any Federal funds on the undertaking. A Tribal Consultation is required for any project disturbing ground or moving soil,including but not limited to:drainage projects;demolition;construction;elevation;communication towers; tree removal;utility improvements. 1. Describe the current and future use of the project location. A land use map may be provided in lieu of a written description. The current and future use of the groject location is a roadway that serves local residents as the oniv means of ingress and eoress into and out of their neighborhood and provides aqggagLo the public ROW easements. 2. Provide information on any known site work or historic uses for project location. There are no historic uses or site work for this project location. ® Attach a copy of a city or county scale map(large enough to show the entire project area)with the horizontal limits(feet)and vertical depths(square feet)of all anticipated ground disturbance of 3 inches or more. D. Alternative Actions (Information Required) The NEPA process requires that at least two alternative actions be considered that address the same problem/issue as the proposed project. In this section, list two feasible alternative projects to mitigate the hazards faced in the project area. One alternative is the"No Action Alternative". 1. No Action Alternative Discuss the impacts on the project area if no action is taken. Takina no action to remedy the Lakeside Garden n ighborhood drainage issues greatly impacts the area. The challenge of protectionlife l safety and props y i!! only incre with sea level r is n the _ terioratinc� conditions of the roadway and surrounding aresMost of the time low lying grassy areas are damp or wet.The roads serves residents and visitors. If no alternative action is taken, the road will need to be replaced ice within the next twenty years at an estimated cost of$500,000-00. In addition to continuous increasing flooding, a rgnc services response time ill be negatively!MDacted!pactsthreatening life and property. Residents and visitors guality of fife [I be affectedv_ flooding, road t rirati and the eisti ins icientrain ge infrastructure. The Citv's CRA has several economic d v to nt initiatives in the area. Constant floodigg ill hinder economic develODMent and business investment that improve the itYs financial status that provide increased iobs and tax base. 2. Other Feasible Alternative Describe a feasible alternative project that would be the next best solution if the primary alternative is not accomplished. This could be an entirely different mitigation method or a significant modification to the design of the current proposed project. Please include a Scope of Work, engineering details(if applicable), estimated budget and the impacts of this alternative. Complete all of parts a-e(below). 12 [Attach any additional items and note Section] rage tl o? 1675 a. Project Description for the Alternative Describe, in detail, the alternativeproject, and explainthe alternative projectwill solve the I ( ) and/or provide protectionfrom the hazard(s). Also, provide pros and cons for this alternative and a reason for by it was not selected. _An alternativeproject could be for the City to purchase the repetitive lossropert I ate at 150 N I&ke Drive demolish the residential structure build a stormwater retention pond and DUMp_gtatIQn-Additionally,the current Droposed drainage DMWgLdJeggjgn still need to b r l Dmented as a cost of JMO�000.00. According to Palm Beach County PropertyAppraisers Yvebsite the 2017 assessed value f t i is J199,203, ich is much lower than ta commercial values lathe neighborhood. The current owners u sed the progerty in May 2015 foro esign and built the stormwater pond with DumD station with back- Mgenerator and additional piping and purtenan s will b an sti at one o one and h If rrrilllon dollar investment.The cost for yearly int n ill int or r of 5. to g r vear. The alternative rolect wouldsolve the same Droblems and provl ep the sa e rot cions from the hazards described in the original project with a higher I)LIce and local residential disruntion arid displacement. The implementation of this alternativ prod ct could take at least three additional rs because of th need to include acquisition and addedengineering andr i in . It is antjcipated that the alternative oroj ct will cost$_2&00,,000.ata minimum. fh re a manv uncertainties and unno s cut th s of station of suca roposal ncino Illi sel! r o st other community impacts. - b. Project ti the Alternative(describe ri , if different from proposedproject) 2150 N Lake Drive El Attach a map or diagram shovAng the alternativesite in relation o the proposedproject site(if dfferent proposedfrom P ct) c. Scope of Work r Alternative Purchase r!v t residential ropert at 2150 N Lake Drive, demolish h residential str r uiI storm water retention pon u p s tion® d. Impacts of AlternativeProject Discuss the impact of this alternative on the project area. Include comments on these issues as appropriate: Environmental Justice, Endangered Species,Wetlands, Hydrology(Upstream and Downstream Surface Water Impacts), Flood plain/Floodway, Historic Preservation and Hazardous Materials. The!M DaCtS of the alternative pr gi ct are aimfilar tote origin I Droject, use of the storm water u i is a ici ter vi n n I r viulations, and oversight would aDDIV. e. Estimated r Alternative Project In this section, provide details of all the estimated is of the alternative project(round figures to the nearest dollar). A lump sum budget is acceptable. ------------- Material&--- - ____---------$1,300,000.00 Labor; _ ____..�___________ $1,300,000.00 _ Fees: __ 'otW____Estimated Prod t ostN_____0000_____ $2,600,0 00.00 1 [Attach any additional items and note Section] pReigo.$i f 1675 HMGP ENVIRONMENTAL REVIEW lnfarmation and Documentation Requirements by Project Type etroFts to Exist►ng Facilides/Structures Elevations Acquisitions with Demolition ✓ Dates of Construction ✓ Ground disturbance map for projects with 3 inches or more of ground disturbance ✓ Structure photographs i G Drainage lrnprov^emonts ✓-Engineering'p, lansldrawings ✓ Permit or Exemption letter to address any modifications to water bodies and wetlands o Department of Environmental Protection E o Water Management District f o U.S.Army Corps of Engineers ✓ Ground disturbance map for projects with 3 inches or more of ground disturbance. ✓ Concurrence from U.S. Fish and Wildlife addressing any impacts to wildlife, particularly endangered and threatened species and their habitats. s ✓ If the project is in a coastal area, attach a letter from the National Marine Fisheries Service addressing impacts to marine resources. Concurrence from Natural Resource Conservation Service if project is located outside I city limits and may impact prime or unique farmland. ✓ Concurrence from your Local Floodplain Manager—if project is located in a floodplain. (Vote: This is a general guideline for most projects. However, there will be exceptions. Consult with state environmental staff on project types not listed_ 14 Page 880 of 1675 HMGP Application Completeness Guidance/Checklist This guidancetcheeklist contains an explanation, example and/or reference for information quested in the application. Please use this list to assure your application is complete and includes the required information for HMGP projects. The appropriate documentation must also be attached. It is important to note that this list is similar to the form that will be used during the application siciency review by the HMGP staff. Project Itle: ClbL2LBoy ton Beachi rdens Drainage lmgrovements Applicant: CCitL of Boynton Beach Application i Explanation 1 i it B.Applicant r ti ® - L Type in the four digit number FEMA assigned to the disaster that this application is in submitted under. (Example:4337, 4283 DISASTER NAME Type in the Disaster name. (Example: Hurricane Irma, Tropical Storm Fay) Title/BrieTitle/Brief DescriptiveThe project title should include: 1) Name of Applicant, 2}Name of Project, )Type of Project u Project. (Example:City of Tallahassee, City Hail Building,WindRetrofit) 1. Applicant Name of organization applying. Must be an eligible applicant. 2. Applicant Tye State or local government, recognized ative American tribe, or private non-profit organization. If private non-profit, please attach documentation showing legal status as a 501( ). (Example: IRS letter, Tax Exempt Certificate) 3. County Indicate county in which the project is located. 4. State i I tiv Specify the appropriate State Senate, House and Congressional District code for the and project site. For multiple sites, please list codes for each site. Congressional hft :// ri hour ov/s cti ns/re re t tiv istri r res tiv s x S. s Federal Tax I.D. List the Federal Employer's Identification Number(FEIN)number,also known as Number Federal Tax Identification number, digit code. May be obtained from your finance/accounting department. 6. DUNS Number Include Data Universal Numbering Standard (DUNS)number in appropriate location on application. If none, please refer to HMGP FAQ's in Application Reference Material for instructions on obtainipq a,DUNS number. www-usasPPnding.g2y 7. FIPS Code List the Federal Information Processing Standard ( IS)Code. May be obtained from your finn ountin rants department. If none, please submit FEMA Form - . a. NFIP ID Number List the National Flood Insurance Program ( I ) number. You must be participating NFIP member to be eligible for HMGP funding. Please make sure that the number is the same as the panel number on the FIRM provided with the application. 9. Point of Contact Please provide all pertinent information for the point of contact.This person serves as the coordinator of the project. If this information changes once the application is submitted, please contact the HMGP staff immediately. 10. Application Please provide the preparer information. May be different from the point of contact Prepared line and/or the a li nt's agent line 11). 11. Authorized An authorized agent must sign the application. Applicant t °An authodked agent is the chief ele official of a local government who has signature authority, so fora county it would be the Chairman of the Board of County Commissioners and for a municipality it would be the Mayor(the exact ftle sometimes varies). Any local government may delegate this authority to a subordinate official(like a City or County Manager)by resolution of the governing body(the Board of County Commissioners or Board of City Commissioners). If a local government delegates signature authority,a copy of the asolution by the governing body authorizing the signature authority for the individual signing must berovided." . LMS Compll�n ) LMS Project List: 16 Page 881 of 1675 Section V1 — Maintenance Agreement All applicants whose proposed project involves the retrofit or modification of existing public property or whose proposed project would result in the public ownership or management of property, structures, or facilities, must first sign the following agreement prior to submitting the application to FEMA. (NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to private property where the ownership will remain private after project completion DO NOT have to complete this form.) The city ---of Bo ton Beach State of Florida, hereby agrees that if it receives any Federal aid as a result of the attached project application, it will accept responsibility,at its own expense if necessary,for the routine maintenance of any real property, structures, or facilities acquired or constructed as a result of such Federal aid. Routine maintenance shall include, but not be limited to,such responsibilities as keeping vacant land clear of debris,garbage, and vermin; keeping stream channels, culverts, and storm drains clear of obstructions and debris; and keeping detention ponds free of debris, trees, and woody growth. The purpose cf this agreement is to make clear the Sub-recipient's maintenance responsibilities following project award and to show the Sub-recipients acceptance of these responsibilities. It does not replace, supersede, or add to any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of project award. Signed by Steven Grant the duly authorized representative (printed or typed name of signing official) Ma or (title) This (day)of (month), (year). , i tui Please Note: The above signature must be by an Individual with legal signing authority for the respective local government or county(e.g.,the Chairperson, Board of County Commissioners or the County Manager,etc.) 15 Page 882 of 1675 All proposed projectss included in the county's Local Mitigation Strategy ( ) Project Listl i 's Mitigation Bureau Planning Unit. b) LMS Endorsement Letter II proposed projectss i !ude an endorsement letter from the county's Local Mitigation Strategy Coordinator.You may use 1 letter as long as it includes every proposed project. c} Estimated Costs &Application . The LMS Projectis st include an Estimated Cost column andc project application must be within $500.00 of that Project List's estimatedcost. Also ensurethe Federal Cost Share indicated n the LMS Coordinator's Endorsement Letter exactly matches the Federal Cost Share indicated w" in the application. s r n rs e letter contains both the Total Estimated s Cost( ci .), along withEstimated I Share (SectionI . . . allocated this roj . letter of endorsement for the projectand its priority number from Local Mitigation t tmust be included. f r to Sample LMS Letter. Applications without letter n ors ill not be processed. 201.6 Local iti t" P/6-1 13. Previous the project has been previouslyi under another disaster, provide t 17- Submittal disaster number,the project number, and the title of the project. A. Hazards to be M itil;lated/Levell of Protection 1. Type of Hazards Type of Hazards the Proposed Project will Mitigate: Iof the hazard(s)that the Z proposed r j et will mitigate. Moren one hazard may be selected. 2. Identify i r : Describe the mitigation project being of Project r s . Idrainage, in retrofit, r t r c.) 3. Number of Explain ny people willy or benefit from the proposedr j ct. Persons (Example. ra! project improving a residential a of 23 homes, with a Protected averagth2usehold of2 people=46[Leople) 4. Total Impacted Explain cr will impacted from the proposer j . Area Drainage/Berm/Pond/Culverts/Flood hr r cs: combination of the area to be rot ct n n is n t xacres, 5. Level f Specify the level r c'on and magnitudeevent the proposedproject will Protection mitigate. Attach support documentationthat verifies the stated level of protection. (Example: In a windretrofit roj ct, it "I be the designspeed to complyi Floridathe uil i requirements. Ina drainage project, it will be the implemented desi level, r FDOT design standard for culvert.) 6. t impact Identify l items the project may impact r are withinproject r . 7. Engineered Include availableengineering lc l i s, suis, and designs for the proposed Projects r j c ing results from applied purr i scenarios befor r Drainage) ii ti . (Number of structures, building replacement lu , depth of the water, s r u I-4------ content , displacement, road closures, c. Description,B. Project o and Protectioni it 1. Existing criexisting ra I , location, s rc e hazard, andhistory n extent of the damage. Include newspaper articles, insurance doc nai , photographs, c. If this project is eligible for PA(406) mitigation activities, please describe activities. 2. Type of Protection r ine how the fundingill solve the existingproblem and provideprotection. 3. Scope of Work: What the Projectt r i ork to be done. The scope work must meet eligibility based on HMGP regulations and guiExplain how problemthe proposed ill be solved. (NOTE:The proposed projectmust be a mitigation action, of maintenance.) Does the proposedt solve a problem independently or constitute a functional part of solution wherethere is assurance that the project as a wholewill be completed1 the ro —'—t 0r s im that has 4qqg repetitive or that poses 17 Page 883 of 1675 significant risk to public health and safety if/eft unresolved(44 CFR 206.434[c](51C►1)? Proiects that merely identify or analyze hazards or problems are not eligible. See Sample Scope of Work Language in HMGP Application Reference Material. Generators should not be included in the scope of work unless said generator only Owers the mitigation element or is for a critical facility. 4. On-Going or Determine if other projects, zoning changes, etc. are planned (particularly in the Proposed same watershed if flooding is being addressed)that may negatively or positively Projects in the impact the proposed project. If there is a drainage project or downstream issue Area elsewhere, it may eliminate the current flooding issue, erasing the need for the proposed project. Response applies to drainage and acquisition projects. NIA is appropriate in wind retrofit shutter projects only. If this project is also being considered under the Public Assistance Program (406), please describe in detail the 406 mitigation activities and/or services. Do not include project costs associated with the above referenced HMGP application. 5. Purpose/Need Describe the purpose and need for the proposed project. Section 111-Pro`ect Location A. Site 1. Physical Location List the physical location of the project site(s)including the street number(s), zip code(s)and GPS coordinates (latitude/longitude, in decimal degrees). The physical address must correspond with the address locations specified on maps submitted with the application. 2. Title Halder Provide the titleholder's name. 13. Project Seaward Determine if the project site is located seaward of the Coastal Construction Control of the CCCL? Line. htt, s:ttfloridadeD.aov/water/coastal-construction-control4ine 4. Number and Specify the number and type of properties affected by the project. EJ Types of (Example: Drainage project that affects 100 homes, 15 businesses and 2 schools.) Structures What does the project protect? Should have a number next to the box that is Affected checked. See Section 11, Item AA--detail of these totals B. Flood Insurance Rate Map (FIRM) Showing Project Site 1. Copies of FIRM Attach a copy(or copies)of the FIRM and clearly identify the project site. The FIRM Panel.number must be included. To obtain a FIRM map, go to aw ort 1. See instructions on How to make a FIRMette. 2. Flood Zone Specify the flood zone(s)of the project site(s). If project is located in a Special Determination E Flood Hazard Area, proof of flood insurance will need to be provided. Amount of coverage must be equal to or greater than the amount of Federal mitigation _ funding obligated to the project. 3. Flood Hazard Not required if a copy of the FIRM is attached. Boundary Map i FHBM C. City or County Map with Project Site and Photographs 1. City/County Map The project site and staging location(if applicable)should be clearly marked on a with Project Site legible City/County map. The map should be large enough to show the project site. More than one map may be re uired. 2. USGS TOPO with The project site should be clearly marked on a legible USGS 1:24,000 TOPO map. Project Site To obtain a TOPO map, go to htt ://www.Dilgital-Togo-Ma2s.com 3. Parcel/Tax Map A Parcel,Tax or Property Identification map is required only for acquisition and elevation ro'ects. The location of the structure must be clearly identified. 4. Site Photographs At least four photographs are required that clearly identify the project site. The photos must be representative of the project area, including any relevant streams, creeks, rivers, etc., and drainage areas that affect the project site or will be affected by the project. The front, back and Moth side angles are required for each structure. For acquisition and elevation projects, a photo taken away from the structure(in front toward the street, and in back toward backyard)to show the area along with photographs of speck elements of the structure affected by the project(windows for' shutters or window replacements)should also be provided. Please label photographs appropriatell . In addition CDs may be submitted. 18 Page 884 of 1675 Section IV-BudgetlCosts Please sure all calculations arecorrect. r vi a breakdown of materials, labor and fes paid for the proposed project. Supportc t do st be attached, i.e. vendor's professional estimate (from engineer, local it i ici I, etc.). The proposed budget line items should represent ll ts associated with work. Contingency Cost shouldincluded s a line item in the budgettion, and justified. Re n is 1 to . It is required complete this section, i ill be used fort Benefit-Cost Analysis(BCA). Costs should ura , complete and reasonable o industry standards. Make surel cost is correct n the entireli i n. A. Materials cri the cost of materials. Provide breakdown. Ei- Lab—or Provide r of description, hours, rate, and cost or Jump sum labor cost.' Can use in-kind tri ui s part of the 2match. (Attach support documentation in-kind tc it wages andsalaries charged for any in-kind contribution. No overtimes can be usedsatisfy in-kind tch contributions). C. Fees Paid rovi breakdown of associated fees i.e., consultants, studies, in ri , permits, n project n . Maintenance is not an allowablecost r HMGP. Pre-award cot b - i TotalD. ! I as make sure all calculations are correct. This figure should as the 'ect Cost figure for total fun i E. dollar) The proposed sources of non-federal matching funs must meet eligibilityrequirements. s provided by Federal statute, a cost-sharingr matching requiremente costs borne by another Federal rant.} 44 CFR 1 . 1. Estimated Federal The estimated1 share is generally 75%. If the Federal share is not 75%, Share assure ual amount is entered. It could50.1234%or 35.1234%, c. of the total dollar amount j ct depending on county LMS allocation and priority. This figure cannot d 2. Non-Federal Share y include all 3 sources, i. . cash, in-kind I ch, as long as the total is a minimum %. Match cannotderived l agency except Federal funs that lose their i n i funding i tribal funding). Local funding ill be utilizedI share. r amount of cash and n l that amount represents. 4. Total - !nd Ma use ri personnel, equipment, supplies owned, c r I n operatedwithin governingjurisdiction in-kindmatch. Thirdin-kind contributions would be volunteer services, employee services t r organizations furnished free of charge, donated supplies, and loaned equipment space. The value laced on these resources must be at a fair market value and must be documented. in-kind is claimed tde the applicantjurisdiction, t be cash only. **Identify proposed eligible activities in Section ll/a and C. as _A2parale line withIn-kind wr° n as a part of the desq6qt' n. Total5. Project Project(global) c s 1} meet allthe eligibilityrequirements I) Match begin after approval of the match project. A separate HMGP application must be submittedr global matchprojects. Indicate whis roj (s)will be matched. The global match is not required to bean identical rojectProj c submitted s global matchanother project must meet the same periodf penbrmance time ns r the HMGP. 6. Other Agency Identify n- r !Agency andv it ility date, provide the documentation from Share the agency. , CDBG Nng!n , ndin tribal funding) Total7. Total Funding must represent(1 )of the total estimated projectt. Ensure that percentages match corresponding -s r s and the total matches the Budget(in Spqtin IV. D. -Total Estimated EE91ots). F. Project Milestones/Schedule of Work 1. Milestones ldent�ifythe major milestones in the proposedc rovi estimated i - li a.g. Designing, Engineering—3 months, Permitting—6 months, Procurement— 30 days, Installation— 6 months, Contracting— 9 month, Delays, Project Implementation, cti Closeout, etc. See Typical Project estimated time-frames)for the critical activities not to exceed a periodyears for performance. Milestones should not be groupedtogether but listed individually. Ple2seallot for throyiate amount of 1 Page 885 of 1675 Section -Environmental Review& Historic Preservation Compliance A. No work can begin prior to the completion of the environmental {NEPA) review. In order for the Environmental staff to conduct the NEPA review, all sections listed below must be completed. 1. Descripti—on,-SOW Detailed Project Description, Scope of Work&Budget/Costs Budget —Complete Sections 11 & IV of the ap lication. 2. Area Maps Project area Maps-Attach a copy of the maps and clearly mark the project site, and LN place the specific project structure(s)on map(s). Complete Section 111, part B&C of the appiication. 3. Project Complete Section III part C of the application. Area/Structure Photographs . Preliminary Project For shutters see the scope of work and for drainage&elevation see engineering Plans ` drawin s. 5. Project Complete Section V part D. of this application. El Alternatives 6. Project I Dates of construction are required for all structures. See worksheets. Worksheets 7. Documentation 4 Provide any of the required documentation as listed on page 10 in the Information Requirements by and Documentation Requirements by Project Type that may have already been Project Type obtained. . Information/ Provide any applicable information or documentation. ; Documentation f I Requirements by I I Project Type �----J B. Executive Order 12898, Environmental Justice for Low Income and inor! Population 1. Documentation of Determine the proportion of the population, in either the project zip code or city, Environmental characterized as having a minority background, and proportion of the population living Justice below poverty level. Go toLim T msc e, qg - If yes, complete Section V, part B. 2. Population List 1 describe the population affected by this project and the portion of the population Affected adversely impacted. List the attached documentation. 3. Attached Materials Attach all backup-documentation to this application — include a table of contents that i 4 outlines the information you are providing DEM C. Information re uired for Tribal Consultation 1. Documentation for For all projects with any ground disturbing activities of 3 inches or more, complete Tribal Consultation l Section V part C D. Alternative Actions 1. No Action Please discuss the impacts on the project area if no action is taken. Alternative 2. Other Feasible It is a FEMA and FDEM requirement for any Application Review.A narrative IEN Alternative Action discussion of at least three project alternatives (from No Action to the most effective, i practical solution)and their impacts, both beneficial and detrimental is required. It is expected that the jurisdiction has completed sufficient analysis to determine the proposed project can be constructed as submitted and it supports the goals and objectives of the FEMA approved hazard mitigation plan. Has the proposed project been determined to be the most practical, effective and environmentally sound alternative after consideration of a range of options? 44 CFR 206.434 c 5 iii a. Project It is very important and a requirement that an Alternative project is submitted. ® ' Description NEPA requires that at least three alternatives must be presented to mitigate the 1 problem. In addition to the proposed action and no action, one other feasible 1 alternative must be provided. b. Project Location of Describe the surrounding environment. Include information regarding both natural the Alternative (i.e.,fish,wildlife, streams, soils, plant life)and built(i.e., public services, utilities, land/shoreline use, population density)environments. c. Scope of Work— Describe how the alternative project will solve the problem and provide protection Alternative Project from the hazard. Provide enough detail to describe the project for the evaluation panel to decide the best course of action for the state. Include any appropriate 20 Page 886 of 1675 diagrams, sketch maps, amount of materials and equipment, dimensions Cyr project, amount of time required to complete, etc. d. Impacts of the Alternative 9. Estimated Total cost is required. Budget/Costs for the Altemathre I Oct Materials, Labor, The details line items are not required. Just enter a totala oun . and Fees Paid Total Estimated Total cost is required. Vendor not is not required. A lump sum budget may—be Prolect Costs submitted as justification to why this alternative was not chosen. Section A — Maintenance ftreement Maintenance Please complete, sign and date The m 3intenanoe agreement. Themaintenance a EAgr ement agreement must be signed by an individual with signature authority, preferably the 1 21 ithoniz-d ----' Other Reguired Documentation '1. MAPS All maps must be lnol_u­ded with the application. ® FFATA�o_rm During contracting with the state, please complete, sign and at the FFATA Proje—ct — File Form. Instructions are provided for your convenience int document provided. This Is not required at the time of Mpiion subminAl. 3. SFHA Required for all projects int Special Flood Hazard Area. Read and sign the SFHA Acknowledgement Acknowledgement of Conditions document. This for must be notarized, signed by of Conditions the local jurisdiction andjhe property owner. ® Pro-award Cost If pre-award costs are being requested with your project, please be sure to identify all Form pre-award costs in the application budget per instructions. The pre-award cost form must be completed and submitted with your application. ® Request for Public] Applicable if no FIPS number is assigned to applicantfreciplent. Assistance Form 6. Made] Statement For Acquisition projects only. of Assurances for Li Property Acquisition PUO sets 7. Declaration and For Acquisition projects only. Must be signed by all persons whose names are on the 7_1 Release _property deed. L_J ® Notice of For Acquisition projects only. Two forms are included for your convenience. Pleas—e Voluntary Interest use the form that is most appropriate to your situation, Must be signed by all persons whose names are on the property deed. ® Statement of For Acquisition projects only. Must be signed by all persons whose names are on the Voluntary property deed. Participation for Acquisition of Property for Purpose of Open Space 10. Worksheets The appropriate worksheet(s)must be completed and submitted with the application. a. Flood Control–Drainage Improvement b. Generator c. Tornado Safe Room d. Hurricane of Room e. in Retrofit f. Wildfire _Drought *Submit 1 original (signed) and 2 full copies of the entire application and backup documentation. Include a full copy of the submittal and all documentation on CD. 21 Page 887 of 1675 Page 888 of 1675 6.L. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Award Bid No. 021-2821-18/ITfor "Furnish and Install Water Service Connections and Restoration" to Line-Tec of Delray Beach, FL, as the lowest responsive and responsible bidder for Bid items 1 thru 19 and optional items 1 thru 5, in the estimated annual expenditure of$25,000. The initial term of the bid will begin on date of award and will terminate one year from that date. This bid may be renewed for four (4) additional one-year terms subject to vendor acceptance and determination that renewal is in the City's best interest. Future renewals will be brought forward to City Commission for approval. This bid will be utilized on an "As Needed/As Required Basis." EXPLANATION OF REQUEST: Initial Bid Term: One year from award On June 14, 2018 the City received and opened three (3) bid submittals for "The Supply and Installation of Water Service Connections and Restoration for "Furnish and Install Water Service Connections and Restoration." This bid solicited qualified contractors to perform connection services from the City's water main to the customer's house valve. This can include the line from the main to the water meter; the water meter and its appurtenances; and the line from the meter box to the house connection. Services are utilized to undertake repairs in the water distribution system with the emphasis on the replacement of water service connections during the meter migration project. Customer line replacement issues include poor water quality, low flow, and small projects that include main replacements. Utilization of this contract provides a consistent contractor to perform customer connections. The recommended contractor also has a Plumber's license which qualifies them to move service connections if needed. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Utilization of this bid provides a consistent contractor to perform customer connections. The recommended contractor also has a Plumber's license which qualifies them to move service connections if needed. FISCAL IMPACT: Budgeted Funds for this expenditure are available in Fund 401-2810-536.46-47. Previous Years expenses: FY 17/18 to date $25,590 FY 16/17 $21,175 FY 15/16 $35,200 ALTERNATIVES: Reject all submittals and re-advertise the Invitation to Bid; or reject all submittals and require staff to perform line connections. Page 889 of 1675 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Bid Submittal ® Line-Tec Inc. D Tab Sheets Bid Tabulation - Water Service Connections D Bid Bid - Water Service Connections D Addendum Addendum 1 - Water Service Connections D Addendum Addendum 1 Attachment A- Water Service Connections Page 890 of 1675 8 k The City 4 f FffP rnClt Services nalTC@/r"TDEGreFvfCES 100 L.Boynton Beach Boulevard P.0.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX- (561)742-6316 4 ADDENDUM No. I DATE: May 24, 2018 t k BID TITLE: FURNISH AND INSTALL WATER SERVICE RESTORATION I .. - - 1 SilT Thisaddendum, to e drawings, specifications, and/or contract cunt is issued to roi additional i f r ti)n and clarification to the original Bid specificationsn rc o al form n is herebyI r f the original drawings, specificationsn I r contract u t . In case f a conconfl cl, I 11s.Addendum No. 1 shall govem. Words in .-+NFG_'U1c9'11 type are deletions from Xi Nords in bold, underlinedare iti n to existing . 1. The bloi ins as june 14, 2018 at 2:30 PM. The location remains uncha em Util 2. i i r iW-10, - - r I r instal Eor s are attached herewith ." 3. The II lrlg questionssubmitted the pre-bidof nc sit visit or priorto the deadlino ard areprovided responded to I . I 1: What 4e the approximatelengths, sizes and types of the PIPESInstalled on the roj Pipe i " to water service lines and 6" ductile iron or PVC water mains. Are there a rty portions of the projectthat will need to be Bored? Is it Open c ? A2: The s0pe includes installingr service lines and/or open cut. Water orlp installation Q3: How C ' h is the cost estimate of the project? A3: The an�nu E i i . Q4: How m c i t required i for tproject? A4. No bad bo d is required. I For t' kind of Rehabilitation? A& New aid r 3placement water service I ines and water mains. Page 891 of 1675 i Q6: Is it Hea cur3d or Light? CIPP? A6: NO. Q7: You'llbel'us. 4ig pipe televising or pipe cleaning? Before and after? A7: No. Q8: Do you 4ave any further details you wish to provide? A8: Please ' fe to the Bid. r, Q9: In regarost ve referenced project, can you provide the budgetort timate? A9: The anr�uall budget is estimated at$25,000. Q10., Al so, is i here a set start date or time frame in mind for when work should beg!n? Al 0: It Innual contract for ongoing services. I Q11: What is the :-:ngineers Estimate for this project7 Al 1: The an6ual budget Is estimated at$25,000. Q12: What aro th quantities for all the items listed on the bid form? Al 2: It is an arm Liall contract for ongoing services, there are no exact bid quantities. Q13: What th 3 Plumbing Permit fee[s)for each home that needs connection from meter to home? � Al 3: The coot of,the Plumbing Permits for the connection from the meter to the home is appro� a My $80.00 per home and shall be paid by the awarded contractor. The G! wir wl re mburse the contractor for 100% of the actual cost of the permit,ty thou mi rkup. f Q14: Is there:a b nket Plumbing Permit fee that covers the entire project, ori there a plumbirg p rmit fee for each home that requires a connection from the meter to the home? --:ith Ir way, plem provide fees. There 116 n blanket Plumbing Permit; individual permits are required. The cost of thePlu bilig Permits for the connection from the meter to the home is. appro mdely$80.00 per home and shall be paid by the awarded contractor. The n City wFI I re mburse the Contractor for 100% of the actual cost of the permit, wlthou�mi rkup. Q15: Please proi ride plumbing detail for the connection at the home. Utilities St indard Details W-1 0, W-1 1, W-1 5, and W-1 6A for typical water service InstallatJoi a are attached for reference. The City does not have a Plumbing Detail for the cor nection at the home. The selected Contractor will be responsible for providIng a detail to the Building Department for approval. Sincerely, Tim W. Howa Assistant City tra ager-Administration Director of Fin` nci I Services cc: Financ3J/P curement 2 Page 892 of 1675 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of 17 County of f being first duly swom, deposes and says that: 1) He is it& 2, of (Title) (Name of Corporation or Firm) the bidder that as submitted the attached bid: 2) He is fully Infoirned respecting the preparation and contents oft attached bid and of all pertinent ciTcunistances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 1 4) Further, tht s,-i'd bidder nor any of its officers, partners, owners, agents, representatives, employesslor )arties in interest, including this affiant, has in any way colluded, conspired, connived or ac reed, directly or indirectly with any other bidder, firm or person to submit a collusivid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indifectly, sought by agreement or collusion or communications or conference with any o er bidder, firm or person to fix the price or prices int attached bid or of any otherbiddTr, or to fix any overhead, profit or cost element of the bid price or the bid price of any other Oidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement I any advantage against the City of Boynton Beach or any person interested in the pr 4"ontact; and 5) The price pr prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or ony of its agents, representatives, owners, employees, or parties in interest, including his afflant. 4- (Signed) Subscribed an I s .orn to before me (Title) 2'- This '::�q d3ycf 20 SUSAN B,CAUDELL My commissioln e)pires THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 Page 893 of 1675 f E ( City *eachThe Boynton I F'inancelPr€a ement Services 100 E Boynton Beach Boulevard P.0.Box 310 @ oynton Beach,Florida 33425-0310 � I Telephone: (561)742-6310 S n FAX (561) 742-6316 FURNISH AND INSTALL WATER SERVICE CONNECTIONS, AND RESTORATION BID .: 021-2821-18/1T f SIGN, "ACKNOWLEDGEMENT OF A 3$M NO. 1 WITH BID E ACCEPTABLE. pf PRINT AA--MSOI�R PRESENTATIVE S16NATUME OF REPRESENTATIVE NAME OF COMPANY DAVE s 9 P ( i f t 3 Page 894 of 1675 P l fr } f t j MA "MIX 3y a ' ' s' t. -CA-10 Up t. yoga W VITATION TO BID . { { PC FR � .0.141SHAND I I Pill C, E , W. !, w R_.�8 "" h 'y 7. M" IF d oom JK4 x. .g•.. �F-Yp ynnA vw < A �. fill. F t f I ➢ g,y L ` 4 1 ➢ its a:; ,¢ bpi to non. LL s�,��.• F�. Vis. ➢`�'•:+.. � _�. -� 5 �.x� } p{ - 1 Al TE: JUNE e k 4 F MOPnpA 6 P 4 -Y 'f 4 4 PAR _FM 00 0181p'T 29, 1320130 'I,'ti _Ti cuts s',•�`P e Y { Page 895 of 1675 The City joj'Boynton Beach i Purchasing ices �4�itr Soo E.Boynton Beach Boulevard P.o.Box 310 yntan Beach,Florida 33425-0310 Telephone. (S61)742-6323 9 ; FAX. [561)742-6316 SealedBID NO. 021-2821-1811T FUR�IE H AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION i ill tie received in PURCHASING SERVICES, i of BoyntonBeach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton c I 33425-0310 on or y: JUNE 14,1201 No Later l TIMeA. i 3 r Bids ill be op` ne d in: SERVICES-CITY 2ND FLOOR unless t i designated. Bids received a r the assigned date and time will not be considered. The Procurement Services time ll be conclusive to the timeliness of filing. The Cityn c is not re.spon ble for the U.S. Mail or private couriersi regard it being deliveredy specified i e i considered. If no awardi reserves the right to consider i that have t i y the Cityreceived late mishandling y th Cityr receipt i . Sealedi s o prcos is received by the Cityin response n invitation to bidr exempt from public recordsi l r requirements until the Cityprovides notice of decision or thirty afterdays the op:.Ming of the proposal/bid, hit v r is sooner. If the Cityrejects II bids or proposals submitt3d in response to an invitation ti r request r proposals and the City concurrently vi es notice f its intent to reissuethe competitive solicitation, th rejected i s or proposals dinpublic records di l s r until such i s the Cityprovides tic ' ic n or intended decisionconcerning competitive licit ti r until the City withdraws t i competitive solicitation. iproposal, r reply i t t for longer twelvethan ( nth r initial noticerejecting IIbids, proposals, r replies. Requests r i r proposal documents shouldi to the CityClerk's Office. Documents inspected withoutcharge, but a charge will be incurred i i s. LOBBYING 1 CONE OF SILENCE Consistent i th, requirements of Chapter ,Article VII I, Lobbyist i r i n, of the Palm Beach onc Ordinances, c i o Silence. A cone of silence shall in c oft lin to i t proposal, i r other response shall remain i until City Commissionawards or approves a contract, rejects ll bids or responses, or Xyth rwisek ian that ends the solicitationroc it cone o silence is i no proposer or its agent shall directly or indirectly communicatewith any member o Commission or their staff, the Manager, any employee of Boynton Beach authorizedlf of Boynton Beach in relationtat of a particularc r r member of thl Se ection Commiffee in reference to the solicitation, with the exception of the City of Boynton Bid No.021-2821-1 Page 896 of 1675 I Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) F6jIur a to abide by this provision may serve as grounds for disqualification for award of controct to the proposer. Further, any contract entered into in violation of the cone of silence shall re der.the transaction voidable. The cone of sihall not apply to oral communications at any public proceeding, including pre-bid confer nci s, oral presentations before Selection Committees, contract negotiations during any puk lic heeting, presentations made to the City Commission, and protest hearings. Further, the co ie i I silence shall not apply to contract negotiations between any employee and the intended a Na ee, any dispute resolution process following the filing of a protest between the person fill r g tie protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of.silence shall not apity to �y purchases made in an amount less than the competitive solicitation threshold set forth in thedr-1hasing Manual. I Any questions'rel iv e to any item(s) or portion of this bid should be directed to Its Triestman, Purchasing M�nat er: Telephone: (561) 742-6322, E-nnafl: ........... SCOPE OF StRV ICES: I The intent of tos olicitation is to select a successful Bidder to furnish and provide installation of water service 1conlections and restoration, including water taps and restoration related to the two is (2") galvanized water in replacement to include taps; service connections; placement of 'etc r boxes; valves; service lines and restoration; installation of water meters and attached equi ment. This bid also includes the installation of 6" DIP and PVC water mains, fire I r hydrants, sa le points, relocation of water services, meters, and mains for various locations within the City of Boynton Beach Utilities service area. y Contact: City of Boynton Beach Purchasing Services 100 E. Boynton Beach Boulevard Boynton Beach, FIL 33435 Ilyse TrIman, Purchasing Manager (661) 742-6322 or triestmani@bbfLus Office Hour's-4 MONDAY—FRIDAY, 8:00 A.M. TO 5:00 P.M. I CITY OF BOYNTON BEACH Aga TIM W. HOWARD ASSISTANT GITY MANAGER—ADMINISTRATION DIRECTOR OF FINANCIAL SERVICES City of Boynton 3eac i 2 Id o.021-284-191T IPage 897 of 1675 I I BID NO. 021-2821-IBIIT FURNI AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION Section I—SUBMITTAL INFORMATION A. The Ci* of Boynton Beach will receive bid responses until JUNE 14 2018 at 2_-.30P.M. (LOCAL TIMEJ in Purchasing Services located on the second floor of City Hall, 100 E. Boyntoo Bea' ch Boulevard, Boynton Beach, FIL 33435. B. Any rr ses received after the above stated time and date will not be considered. It shall b' thi k. sole responsibility of the proposer to have their bid response delivered.to Purchla- In ervices for receipt on or before the above stated time and date. It is lrecorri eni led that responses be sent by an overnight air courier service or some other ithat creates proof of submittal. Bid responses that arrive after the above stated deadli ' ag; a result of delay by the mail service shall not be considered, shall not be openec at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that h.ave been determined by the City to be received It due solely to mishandling by the City after elpt of the bid and prior to the award being made. I I C. If n �ddi mdum(s) are issued to this Bid, the City will attempt to notify all prospective a YZ o have secured same, however, it shall be the responsibil& bidde -of each bidder, prior td su:imitting the bid response, to contact the City Procurement Services at (561) 742- rne if any addendum(s) were issued and to make any addendum ackno4ied 3ements as part of it bid response. I D. One 011 c ri inal so marked,_and two (2) coglims of the bid response shall be subiiii�ed n one sealed package clearly marked on the outside "INVITATION TO BID FOR 'IFUWSH AND INSTALL WATER SERVICE CONNECTIONS AND REST RATION11to: City of Boynton Beach, Purchasing Services, P.O. Box 310, 100 E. Boyntd,n B tach lvd., Boynton Beach, FIL 33425-0310. E. Respo ises,shall clearly indicate the I name. address and telephone number of the bidder (firm, corporation, partnership or individual). Responses shall be jigned above the bgqdr ri n itof the signer. The signer shall have the authority to cactua ly bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittaL City of Boyntoeac h 3 Bid No.021-282,1-1&Tr Page 898 of 1675 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY 1 1 H LAWS: The bidder is presumed to have full knowledge of and be in I uats t compliance 1wi ak. Federal, State, and Local laws, ordinances, rules, and rhat in eg lion I any manner a ctrhe equipment and the services provided to the City. Ignorance on the part of the bidder will i nc way relieve bidder of responsibility to adhere to such regulations. BID FORMS: IThel bidder will submit a bid on the bid for provided. All bid prices, amounts and descriptiv information must be legibly entered. The bidder must state the price and the time of delive : for which they propose to deliver the equipment or service requested. The bidder IS requ red to be licensed to do business as an individual, partnership or corporation in di the State of Fl d . Place all required bid forms in a sealed envelope that has the company's name and addJe proposal title, number, proposal date and time on the outside aft sealed envelope. Pr os Is not submitted on appropriate proposal forms may be rejected. All proposals arub 6ct tot conditions specified herein. Proposals which do not comply with these conditiorhs ae subject to rejection. I EXECUTION i,'OFLELID. Proposal must contain an original signature of an authorized representativelin tie space provided on all affidavits and proposal sheets. i NO BID: If n I SLbmiffing a proposal, respond by returning one copy oft "STATEMENT OF NO BID' and exp A n t e reason by indicating one of the reasons listed or int space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendors name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BI Db" and t mi ist be received no later than the stated bid receiving date and hour. BID DEADLIN It is the bidders responsibility to assure that the bid is delivered at the proper t plac p ime and4r or to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or priv couriers in regards to it being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If nobward has been made, the City reserves the right to consider bids that have been determir ed 3y the City to be received late due to mishandling by the City after receipt of the bid. Offers by. telegram or telephone are not acceptable. MINOR IRREEGLI RITIES/RIGHT TO REJECT: Bidders are expected to examine the specification sJ de'very schedules, Bid prices and extensions and all instructions:pertaining to supplies and se as. Failure to do so will be at the bidders risk. The City of Boynton Beach reserves the r ght. o waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed ecessary for the best interest of the City. The City may reject any response not submitted in tt ie mannerspecified by the solicitation documents. RIGHTS OF 11HE ITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsi4, r sponsible bidder meeting all aspects oft specifications and consider it, if it is de4termih that total cost is lower and the overall function is improved or not impaired; B. Waive an , irregularity or informality in any bid or bidding procedure; C. Reject or Tandel any or all bids; D. Reissue ah In itation to Bid; E. Extend th` bic deadline time and date; City of Boynton lBeac h 4 Bid No.021-28AI-I SIT Page 899 of 1675 F. Procure any iter i by other means; G. Increase or ctease the quantity specified in the Invitation to Bid; 1 . . H. Consider Od a:cept an alternate bid as provided herein when most advantageous to the city. STANDARDS: iFa ors to be considered in determining whether the standard of responsibility has been.met i66clu e whether a prospective bidder has: A. Available tile a1ppropriate financial, material, equipment,-facility and personnel resources e and expert! e, r the ability to obtain such, necessary to indicate its capability. to meet all contractual q it ; B. A is cord of performance; C. A satisn6cord of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. I INFORMATION A14D DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications vering the products offered. Reference to literature submitted with a previous bid or an file w1th the buyer will not satisfy this provision. INTERPRETATIO�S-: Any questions con in conditions and specifications should be directed to thi� ofice in writing no later than ten (1 0) days prior to the bid deadline. Inquiries must referenco the date by is the bid is to be received. I CONFLICT 00 INTEREST: The award hereunder is subject to all conflict of interest provisions oft City of oyn on Beach, Palm Beach County, of the State of Florida. ADDITIONAL bUINTITIES: The City reserves the right to acquire additional quantities of the bid products 6r s Dirvices at the prices bid in this invitation. If additional quantities are not acceptabI , th4 bld sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". SAMPLES: Jamliles of items, when called for, must be furnished free of expense, and if not used, testerd stroyed, upon request, will be returned at the bidder's expense. Request for the return of in pies may be made within ten (1 0) days following the bid deadline. Each individual sa;mle must be labeled with the bidders name, manufacturers brand name and number, and I ference. DEMONSTo TI I. S: Performance of the equipment1services upon request can be deemed a part of me !u ion process in determining the award of bidder. Demonstrations.of the merits of the equipmentfservices that meet City requirements shall be requested by Procurement Services. Equ pment demonstrated shall be a minimum of one (1) year of All required staff, to be assigned jer the individual bid product or service application, will form the Bid Award Committee to leva ue and submit a group award recommendation. The City reserves the right to make sepArate and independent awards based on its needs and the combined evaluation results. City of Boynton eac ii 5 Bid No.021-282{h MT Page 900 of 1675 i SUBCONTRACTL: If a bidder subcontracts any portion of a Contractfor any reason, the bidder t # he name and addressthe subcontractor and the name of the persono be contacted n thethe "Schedule ofSubcontractors". it o Boynton ch reserves h ri to c. or reject n or all bids whereinsubcontractor is named and to make the awardto the i r, who, in the opinion of the City, ill be in the best interest f /or most advantageous 0f r T i also reserves right to j i of bidder i i names s n ctor who has previously failed in the proper performance of an award or failed to deliver o timeContracts of a similar nature, or who is not in a position to perform properly under,thi award. The Cityreserves all rights in order to make a determination as to the foregoing. ADDENDA: Fqom time to time, the City may issue n addendum to change intent or to clarify i t Contract documents. inc II ravailableo bidders at rocur c s, it is each bidder's responsibility to check i Procurement an immediately socuv a all addenda before submittingbids. It is the usual practice for the Cityto it an addericlud to known bidders, u it cannot be guaranteedh ll bidders will receive ALL addendaI in is manner. Each bidder shall acknowledge receipt o ALL addenda notation on th biin shall adhere to all requirements specified in each nd prior to submi fi bid. ESCALATOR �CLAUSE: Any bid whichis submitted j to an escalator clause will be rejected, nl r in the Special Conditions Section of the biddocuments. EXCEPTIONg ncorporation in a bidof exceptions to any in(s), of the Contract documents m4y invalidate the i tion Technical and Special ProvWons shall be clearly ically noted in the bidder's submittal on a separatesheet marked "EXCEPTIONTO THE SPECIFICATIONS" i t shall be attachedthe i . The use of biddeelistandard r , or the inclusion manufacturers printed documentsshall not be construed stittin n exception within the intent of the Contractocu e . A_ LTERNATEg: V there a base bidis provided for, the bidder shall submit a bid o . e base bid and may exeilcise. their own prerogativein submittingi I r items. The Owner reserves t to accept or reject he alternates or base bidor any combination r o . The Owner, or resentative, further reserves the unqualifiedright t r in h ther any particular item' r s of material, equipment, or the like, is an approvedI, and reserves the unqu life rig final decision regarding the approval or rejection f the same. NONCONF04MA'4CEII Items may be testedfor compliance with specific ns under the direction of appropriatetesting laboratories. riv from y tests for cxn;,I.iance with specifications are public records n to examination thereto in accordancp Aithh t r 119, Floridat tut . Items deliverednot conforming specifications ai be rejected n returned vendors expense. These items and items not delivereds c eliveryt in the i n r Purchase Order may result in the bidder being found in clefa` It i i which event any and all procurement costs may be charged is defaultedo r. n violation f tstipulations also resulti t vendors name in remove from the i of Boynton Beach's vendor ilia list. DISPUTES: n case of any doubt or difference of opinion as to the items to be furnished hereunder, th i ion of the City Manager shall be final and bindingon both parties. a ANTITRUST CAU SE OF ACTION: In submitting a bi o the City of Boynton Beach, the bidder offers and agrees 'I:hat if the bidis accepted, the bidder will convey, sell, assign or transfer to the City of Bon Baach all rights, title and interest in and to all causes o ion it may nowor re i r tantitrustI o Unit # n to Florida for price fixingtin tot particular commodities ors is purchased or acquiredthei of City of Boynton e 6 1 o. 1-282 - 8.rT Page 901 of 1675 Boynton ch.�At I I he City of BoyntonBeach's discretion, such assignment shall be made and become tiv' at thetime the purchasingc tenders fin i payment to the bidder. I V ?' L RESTRICTIONS: In thevent any governmental restrictions may be imposed hic would necessitateI r tion of the material, quality, workmanshipor performance o the items offered on this submittal prior to their delivery, it shall be the responsibility ofl the successful bidder to notifyi once, indicating in a letter the specific regulation ih r3quired an alteration. The Cityreserves the right to accept any such alterations, inclin j any price adjustments occasioned r y, or to cancel the Contract at no expense to the i LEGAL REQU i EMENTS: Federal, State, County, n i laws, ordinances, rules, and regulations in •my manner affect the items covered r iapply. Lack of knowledgey the bidder will in n I wa,F be a cause for relief a responsibility. i PUBLI I o I providedi l t. .9 (2)( ), on or iii h has been l c convictedvendor list following conviction for public entity crime not submit Vid? contract o provide any goods or services o a public entity, may not submit a Bidcontract it lic entity for the construction or repair of a publicbuilding r public work,j mE y not submit i n leases of real property to a public entity, may not awarded be or peiforr i workcontractor, supplier, s cnr or or consultant under a contract with any. public i not transact business with anypublic entity in excess of the threshold ant provided S.S. 287,017 for CATEGORY TWO for a periodmonths from the i Ig p aced on the convicted vendor list. ADVERTISIN !. lit submitting a bi , the bidder agrees not to use the results as a partany comm rci l acverlising. Violation of this stipulation may be subject to action covered under WITH ". i ASSIGNMENt. Purchase r r issued nt to this i invitation and th fun s which y be comeldue hereunder r not assignable excepti the prior written approval of the City. LIABILITY: The iEelectedbidder(s) shall hold andsave harmless the Cit of Boynton Beach, Florida its of 1cem, agents, volunteers n lay s from liability of any kind in the performance this Contract. Further, the selectedbidder(s) shall indemnify, v harmless undertake the deftrisethe City, its Cityissi n r , agents, servants an employees from and Inst all claims, suits, actions, damages, or causes of action arising during term of tfiis Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirect from i roperation pursuant to thisContract and from ais all costs, counsel fes, expenses and liabilities incurred in an about any such claims, the investigation t r , or the defense of any action or roc insrou h thereon, from and it y or judgments is entered in. The i shall, n ti bidder within ten 1 } days of receipt i of any claim, suit or action against the City arising it I or i ndirectlyo the operations of the bidder hereunder, for which.the Cityy entitledbe to a 'aim or indemnity in the bidder, under the provisions of this onr c . Bidder shall have the right to control the defensen c claim suit or actions. The bidder shall also be liableo the i for all costs, expenses, s' fees and damages whichy be incurred u t in h y reason of thebidder's breach of any of the provision o thecontract. lidd8r shall not be responsible for negligent acts of the Cityor its employees. _0pTlONAL CONtRACT USAGE BY THEIR GOVERNMANTAL AG"": If a bidder i awardedr result of the solicitation, if bidder has sufficient ci or quantities available, r i to other governmental agencies, so requesting, rou or services City of Boynton each � 7 Bid Nois T IPage 902 of 1675 i i awardedin accordance with the terms and conditions of the solicitation and resulting r . Prices shall bei F.O.B. esti tion to the requesting agency. I AWARD F CF low monetaryi ilf NOT in all cases be awardedthe Contract r Purchase OrdeContracts or Purchase Orderswill be awardedthe Cityto the most responsive, r a isible bidder whose bidrepresents th of advantageous bid to the City, price o factors considered. v lu tin of bids will be made basedupon the evaluation factors and st ndz r s set forth herein. The Cityreserves the right to reject an n all bids and o waive techical errors as set forth herein. I v n f a Courtchallenge to an award any bidder, s, i , resulting from n award shall be limited to actual bid preparation costs incurred challenging bi r. In no case will the awarduntil all necessary investigations b y n into h responsibility oft bidder i i satisfied theo r v , responsible bidder i qualified o or necessary organization, i I and equipment to carryout the required ark within the time specified. AS I I : A Purchaser will be issued o the successful bidder with understandingi that all items/services delivered must meet the specifications r i . ltemslservicesj delivered not scifi ill be returned t no expense or penalty to the Cityo Boynton Beach I DELIVERY: ifi h II be quotedyo ch, Florida. F.O.B. destination indicates that the seller Jis t mponsible for the ! until it reaches its destination. Any and all freight charges r to!be ncluded in the bidtotal. The bidder's invoice t terms must be shown. WARRANTY IREMENTS: Each item, including II components and all installed accessories ui , shall be guaranteedthe bidder to be free of defectives and workmanship.'T iwarranty shall be for a periodof 365 days or the timeint in the standard whichever is longer. The warrantyill be the same as that offered to the co rci I shall honored y tmanufacturer's authorizeddealers. Warrantyill r parts, labor and anyss shipping. rrn repairs may be accomplished n Ci r , if space is available; this will be at thesole discretion of the City. Contact roc reryent Services for permission to perform warrantyis on City property. Warranty to s; rt A the time a toce by the City; hr, in casesr vehicles or equipment rtno: immediately placed in service, the bidder will provide a delay of warranty start-up ime. he Deriod of warranty delay will be coordinatedProcurement Services. I PRICES, A T: Firm pricesll be quoted, or printed in ink, and includeall packing, handling, shipping charges liv destination shown herein. Bidder i requested o offer a ash discount for prompt invoice yDiscount time il[ be computed fro of satisfactory deli lace of acceptance or from receipt o correct invoice i the ca specified, hich y r is later. nlit i shall final inspection. I is inspectionshows equipment/s'41 -ice h s been delivered/performedin a satisfactoryr in accordancei the specifications, the f shall receive in I payment due the bidder shall be withheld until visial inspection is made by the UTILITIESmerits of performance oval ated. This total acceptance will be donein a reasonableand timely manner. Acceptance _ Il not exceed thirty (3 ) days. If any equipment/serviceto be rejected for any reason, t i r shall required to ick u t equipment, accomplish t o ssary repairs d r ur equipment to thei Warrantyi accomplished n i propertyifs c is available; this will be at the discretion of the City. Title to or risk loss or damage o all lite s shall be the responsibility of the bidder, unless such loss or damages have been proven to b the result of negligenceCity. A. TAXES: on t include t r Federal taxes. Not applicable to municipalities. City of Boyntonte Bid No.021.-2.82 ll -18 P Page 903 of 1675 B, MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extInsi ns and all instructions pertaining to supplies and services. Failure to do so will be at b r ers risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. I D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as!a result of this bid shall be new (current production model at the time of this bid). All cont ainors shall be suitable for storage or shipment, and all prices shall include standard ,commerciq packaging. E. SAFETY S�TARDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated lassemblies shall carry U.L. approval and reexamination listing where such has been esta lished. TIME OF DELIVERY: See Scope of Services. LICENSE AND PESMITS. It shall be the responsibility of the successful bidder to obtain all licenses and rmits, if required, to complete this service at no additional cost to the City. Licenses and pts shall be readily available for review by the Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equi ment, etc., contained in this bid is all O.S.H.A. requirements. Bidder further certifies that iFq I flawarded as the successful bidder, and the material equipment, etc, delivered s subsequently lou , to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs n ry to bring the matedals, equipment, etc., into compliance with the afor emention requirements shall be borne by the bidder. Bidder certifithat all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and Sbt ulations and requirements. PALM BEACH cdUNTY INSPECTOR GENERAL: The contractor isware that the Inspector General of Palm Beach County has the authority to investigate a a. dit matters relating tot negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony fro t 'e contractor and its subcontractors and lower tier subcontractors. The contra teands and agrees that in addition to all other remedies and consequences provided by I rlz failure oft contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIale d documents received by the City in response to an invitation are exempt.from OuWc records disclosure until thirty (30) days after the opening of the Bid unless t -1 he City anno nce s intent to award sooner, in accordance with Florida Statutes 119.07. The City is pulic agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's gub is RecordsLaw. Specifically, the Contractor shall: A. Keep 4nd int in public records required by the CITY toperform the service; B. Upon isqu at from the CITY's custodian of public records, provide the CITY with a copy of the u ested records or allow the records to be inspected or copied within a City of Boynton eac 9 Bid No. IWT Page 904 of 1675 reasonable I me at a cost that does not exceed the cost provided in chapter 119, Fla- Stat. or as oiherwise provided by law; C. Ensure 1hat public records that are exempt or that are confidential and exempt from public reacorcl' disclosure requirements are not disclosed except as authorized by law for the dur n of the contract term and, following completion of the contract, Contractor shaIl destroy all copies of such confidential and exempt records remaining in its possession nce the Contractor transfers the records in its possession to the CITY; and D. Upon c 3tion of the contract, Contractorsha1 I transfer to the CITY, at no cost to the CITY,.all pu Dlic records in Contractor's possession All records stored electronically by Contractor I iust be provided tot CITY, upon request from the CITV's custodian of public rq6rls, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPL I CATION OF CHAPTER 119, FLORIDA STATUES, TO THE CON RfiCTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELA rip'�G TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC ;tECORDS: IJUDY PYLE, CITY CLERK 100 E. BO�NtON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@B13FL.US QUESILONS. Anil questions relative to any item(s) or portion of this bid or Invitation to Bid -00 man Purchaslii i Mana er Mondgy throug _FrIday,, 8. should be direcedite to llyse Triest in% . A.M.to 6:00P.M at(5;11742-6322 ---m titriestmanit "tm — @—bbfl.us LOCAL IliFSS PREFERENCE The City of B ntc Beach Administrative Policy No. 10.16.01 provides for a local business preference. 7 "For all acquii 4tio made pursuant to Sealed Competitive Bid, as provided in Sec. 1 , the City shallitermi give pre rence to a Local Business if the Local Business' bid s dened to be ' -je r% r urnivtist ll r ( ),iic, ts less, of the lowest within five per. n (5 ) ofie housand dos $5,000.00whhever is responsible a d_r sponsive bidder. In revenue generating contracts where award, if any, is to . i preference set forth be made to thip bi deretng the hgheamount to the Ctyhe ame herein shall lied with respect to the highest bid." I In order to belconsidered for a local business preference, a bidder must include the Local Business St4tus Certification Form at the time of bid submittal. Failuretosub it 11 his format the time of bid submittal will result in the bidder being found ineligib[6 for t�e local business preference for this solicitation. i City of Boynton!Beaah 10 Bid No.021-2841-18/IT Page 905 of 1675 BID NO. 021-2821-18/[T FUR. ISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION SPECIAL TERMS AND CONDITIONS PURPOSE: Tlie intent ofthis solicitation is to select a successful Bidder to provide all labor, materials, too , . ardware, equipment and supervision to furnish and install water service connections a I d msfor ation services for various locations within the City of Boynton Beach. METHOD OF �KkRD. Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organzation, etc. will be provided for this contract to meet the specifications denot edherel atla paramount level. Once opened i the bids will be tabulated and evaluated by the City before recommendation and/or notice intent to award. The City, in its sole discretion, reserves the right to accept or reject any or �..Iflfl ds for any reason whatsoever. The City further reserves the right to waive irregularities echnicalities and/or to request resubmission. There is no obligation on the part of the Cito award the bid to the lowest bidder, or any bidder. The City reserves the right to make the a an to a responsible bidder submitting a responsive bid most advantageous and in the bestinte"re;t of the City. The City shall be the sole judge of the bids and the City's decisionshall efinal. T The City inten s to award a contract tot lowest, responsive, responsible total price bidder for, taking into cons ideration experience, staffing, equipment, materials, references and past performance. LICENSE REQUIED: At the time of bid submittal, firms must possess a current, valid State of Florida Undeigro. nd Utility License and should submit proof of licensure withbid. A Pre- Qualification Lette from the Florida Department of Transportation (FDOT) may be substituted for this require me . If not submitted with bid, proof of licensure must be submitted within three (3) calendar d IYS request by City or bid will be deemed non-responsive. TERM OF COINT CT: The initial term of the contract awarded shall be for one (1) year from the effective at of the contract and by mutual agreement between the City and the E f f 0 awardee(s), rr�ay e renewable for four(4) additional one (1) year periods. The City re es the right to extend automatically for a period not to exceed an additional six (6) m( nt s intrd r to provide the City with continual service it a new contract is solicited, evaluated andlor warded. INSURANCE:J It ;hall be the responsibility of the successful bidder to maintain workers' compensation iris yrance, property damage, liability insurance and vehicular liability insurance, during the time ary of bidder's personnel are working on City of Boynton Beach property. The vendor shall fi imi-.h the City with a certificate of insurance after award has been made prior to the start of My work on City property. Said insured companies must be authorized to do business in th St 3te of Florida and the City will not accept any company that has.a rating less than B 9cnce to A.M. Best's Key Rating Guide, latest edition. City of Boynton ead I 11 Bid Nc T Page 906 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION SPECIAL TRENCH ETY ACT, The Bidder should mplel and bmit the Tre li Safety Act FcjFr , with the bice ;submittal, but rru t u riri wilhin Mires (a) afen dr days of Citi renquest. T EMA, ,ND aF OF THE PAGE IS INTENTIONALLY LFT BLANK. 0,,Y 1 Page 907 of 1675 BID NO. 021-2821-18/[T FURNIS H AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION SPECIFICATIONS AND REQUIREMENTS GENERAL The City of Bo(nton Beach is seeking a qualified Contractor to furnish and install water service connections aid sr tion, including water taps and restoration related to two inch (2") galvanized wazr in replacement to include taps; service connections; placement of meter boxes; valves; sOrvice lines and restoration; installation of water meters and attached equipment. Th isb' also includes the installation of 6" DIP and PVC water mains, fire hydrants, sample point% re ocation of water services, meters, and mains. Awarded contractor must adhere to publish Utility Department Standards of Construction from the mains' through the meter box and,Stindard Plumbing Code from the meter box through the building connection at it variou 04is ithin the City of Boynton Beach Utility's service area, Boynton Beach, Florida. All pricing shall include restoration to "as found" condition orb r unless otherwise approved by the City Inspector or designee. Contractor will inot for material ore i n on any of the temporary easements.. Equipment and material sib I oralle within the right of way shall be with the approval of the Utility Department inspector and Ot.the risk of the Contractor. No material will be stored in front of any.residence. Contractor sh9Il rd to emergency requests within one (1) hour and non-emeroencies within 24 hours at o additional charge to the City. A contact phone number available 24 hours a day, 7 days 1'week must be provided with bid. Contractor sh4li guarantee all work and materials for a term of one (1)year after completion and acceptan,6 of work. IT- A it project insion by an employee of the City Utility Department will be made and all work will be dbne during regular working hours unless prior approval is given by the City. For I the purposes qf this Contract, regular working hours are defined as Monday thru Friday, 7 AM to 3:30 PM, exclin holidays. I Awarded Conn.actor will prepare a listing of it and quantities on a per property basis upon compl tr o or to support invoicing. The City of Bo,fnton Beach illi work requests for several properties at a time or there will be cases for in dividual property requests. The contractor agrees to commence work within seven (7) calei idaq days after receipt of order. All work associated with each property must be completed witt in two (2) calendar days after commencement. I 13 Page 908 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION SPEC'IFICATIONS AND REQUIREMENTS (continued) 7. ii ti Meter to House The prioes.submifted shall be inclusive of all labor, materials, tools, hardware, supervi0ion,supplies and ancillary items necessary to perform the installation in accord*nce with the Standard Plumbing Code, City of Boynton Beach Codes and Ordinake& i The unk b! .price for house water service connections at the City installed meter and housiv shall include the 1" gate valve at the house connection and sod restorations specifid to each house. All new.,wal ar services shall be connected at the same point of connection at the existing house*alvt ors i int. The C 'ntractor will confine its installation activity to a twelve (12) foot wide easement that will be secured by the City. Contra4or shall contact the City Utility Inspector at least 48 hours prior to entry onto the propertY site. Pnor toy co r imencing the work, the Contractor shall provide 48 hours advance notice to the homeowner by providing a door hanger stating the Contractor's intention to in work. Infor m4lior -contained on the hanger will include as a minimum: Contractor's Name Name of Contractor's Representative Date of Entry Date, Time and Duration of Interruption of Water Service The CIntrector shall complete all work related to each installation, including restoration, within ten (10) calendar days oft date of entry onto any property. All trenthes must provide a minimum of 12 inches cover and must be performed using tr c II ss; 'nethodologies. No other equipment will be allowed in the yards.. Any request by the property owner to either the City or Contractor that the trenches be hand dug m4st be honored. 14 Page 909 of 1675 BID NO. 021-2821-18/[T FURNIOH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION SPE IFICATIONS AND REQUIREMENTS (continued) A. P I All r it permits shall be obtained by the Contractor. Permit fees will be paid by the c.ontra4or nd will be reimbursed 100% oft cost. This includes permits inside and outsideiCi limits. The 0 `C' f Boynton Beach requires one permit drawn for each installation within the �e quirement for individual site plan is waived in lieu of the typical installation 1 City. T site plan w is the awarded vendor will provide with permit application submittal. Locations utside the City limits will have to follow that jurisdiction's permit requirs. i 2. Water r and Affached Device Installations f The C nt ctor shall provide all labor, materials, tools, supplies, equipment, hardware, upery o and ancillary items necessary for the proper installation and rog m$1 g/activating city-furnished radio transmitters. 1 At no add.tion charge tat City, and in order to perform the programming or deflnec heiein, the Contractor shall furnish the required programming equipment defined as the Ben sus AR5602 or Trimble unit with GPS package loaded with Field Logic and a Sensus Co:mmand Link, and Sensus touch-reader or approved equals. The City Ins shall verify Field Logic settings prior tot start of work. I The CWractor shall not program the transmitter until after it is installed at its final location toiensure proper GPS coordinates. Radio transmitters that are moved with the meter hall be deactivated prior to moving and reactivating at its final location. Meter Installation and/or replacement require customer notification prior to disconnect and shpil be flushed immediately after installation. Meter sizes 1.5" and above shall have bypa ' shid off and locked after installation. The Contractor needs to ensure the meter is ins 9led properly to avoid backwards registration. The c raotor shall verify the register resolution for all meter installs, register changes and ra io transmitter programming. This verification shall include checking the number of diO rerorting on the digital output and ensuring the dials match the register to the 10 gallon ipostion; erroneous out shall be reported to the City Inspector or designee immedlate]V. 15 Page 910 of 1675 BID NO. 021-2821-181IT FURNH H AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION SrECIFICATIONS AND REQUIREMENTS (continued) Properims mber of dials programme& 5/8"— 1" 6 dial output; 1,000,000 to 10 gallon position 1.5"—3" 7 dial output; 10,000,000 to 10 gallon position 411—6" 8 dial output; 100,000,000 to 10 gallon position Meter ox s shall be installed at ground level, with compacted dirt underneath to avoid sinki% mc tere should be centered inside the box with the cur stop facing up, Withinive 5) business days after completion of work, the Contractor shall prepare and submit�lo tl e City Inspector or designee a list of meters replaced or moved during each calendorw9ek. The summary should include: a. Location of work performed b. Removed equipment serial number c. New equipment serial number d. Meter reading (both of and new if register or tri replaced) e, Manufacture date of new equipment f. Meter location and location notes g. Comments of any issues h. Date the work was actually performed Inform0or requests must be complete and correct fort installation to be considered eligiblelfbr payment. Ii THE REIVIA191DER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 16 Page 911 of 1675 Attachment "A" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms a C04 .9d ditions of all con tram leases,and agreements,the City requires appropriate coverages IMng the City of Boynton Beachps A itional Insumd. This is done by providing a Certificate of Insurance listing the City as "Certificate ur Holder" and"TThe riity f Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coveragep mW t have a current rating by A.M-Best Co.of"B+"or higher. (NOTE: An insurance contract or hinder may be accepted ai proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required P'f cotractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves he right to require additional types of insurance, or to raise or lower the stated limibased upon identified risk.) I ----------–- -- -----------------------------–-------------—1–----------------–----–-----------------------------–-- TYPE (�ec &d Only) MIMMUM LS11 REQLIRED .......... --—---–--–-------–-----------—------------------------–.......—----------------–- .......... General Liability I General Aggregate $ 1,000,000.00 Commerqial Gneral Liability Products-Comp/Op Ag. $ 1p0,000.00 Owners AL Cot tractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor L4&-lil Y Each Occurrence $ 1,000,000.00 Professiobal L ability Fire Damage(any one fire) $ 50,000.00 EMPIOYC4&I Wficers Med.Expense(any one person) $ 5,000.00 Poilufion.�Liabi lity Asbestos lAbat wrient Lead Ab4teme it Broad FoV,-ndors Premises itions Undergrc5',xplosion&Collapse Products Coml ileted Operations Contraaual Independent C)ntractors Broad Fo Pi operty Damage Fire Leg Lialfflity —-–-------—----- -—----–---------------------------------------------------------- Automobile ------------------ ------------------- Automobile Liabil". Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Own e d Au Dos Bodily Injury(per accident) to be determined Schedule i I Aul Ds Property Damage to: determined Hired Au Ds Tntiler Interchange 50,000.00 Non-Ow#ed A atos Pip Basid Intrrmo# —-------—---—---------- --------------–—--------—----–-------—---–----—----------–--—---—---------–----------- Garage Liability I Auto Only,Each Accident $1,000,000.00 Any Au tq Other Than Auto Only $ 100,000.00 Gs Liability Each Accident $ 1,000,000.00 Aggregate $1,000,000.00 --------------------------- --–--------–--------------------–------––-----–----.1–-—---------------------------- Excess Liability I Each Occurrence to be determined UmbrmclWFo . Aggregate to be determined k -------------------- ------ -------------—----–--–-------–-------—----–----–------------------------------------------- Worker's ----------------------------- Workees Co tion Statutory Limits Employ efs L' ility Each Accident $ 100,000.00 T Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ---—--------–------–-------- ---------------------------- Property I Homey ocable Permit $ 300,000.00 Buildees isk Limits based on Project Cost ---------------_®_--#----------–-------––------ —–-----–----------—--------–-------......... ----------- Other- As Risk Ir"Wed to be determined 17 Page 912 of 1675 BIDDER ACKNOWLEDGEMENT Submit Bids To: PURCHASING SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33426-0310 Telephone: (661) 742-6310 Bid Title: ..FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION" Bid Number'. -1IIT ER THAN 2:30 P.M. (LOCAL TIME) Bid Due: JUNE 14, 2018, NO LAT se and may be Bids will be open d in Purchasing Services unless specified inot otherw wif thdrawn with nety (90) days after such date and time. e j All awards ma e a result of this bid shall conform to applicable sections of the charter and codes oft Ci Name of Bidd4. L 1-7 Federal I.D. Ndmbh1r: A Corporation O f tt e State of: Area Code: Telephone Number: N4 A rea o : FAX Number:Cde Mailing Addre's: �A,+f,4 Citylstate/zi _4111 Vendor ili te: 7 :7 E-Mail Addre*.- Authorized Sign re Name Type ii THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 913 of 1675 BID NO. 021-2821-18/[T FURNI H AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION BID FORM To.- City al 1pup ton Beach, Florida The ugnod c eclares that helshe has carefully examined the specifications ais thoroughly familiar with i pr)visions and with the quality, type and grade of product/servilled for. In accords th� General Conditions, Special Conditions, and Specifications and Requirements, the undersigneo bii Ider offers the following: Basis of Award. 11 is the Intent of the City to award to the lowest responsive and.responsible bidder by tol bid price. The City reserves the right to award optional items if determined to be in thi interest.Award of all items are subject to the availability of funds. —ff—EM —D—E4dF—UPTION OF SERVICES UNIT OF UNIT PRICE NO. 1MEASURE Furlish and install Schedule 40 PVC water pipe 1A Linear foot from Cit f installed meter to house valve up 3/4". Funlish and install Schedule 40 PVC water pipe I B fro Cil? installed meter to house valve up ill. Linear of o("' Furh�and install single or double short side S" 2A wat�r S rvice connection up to V. Each urrvis h and install single or dle long side 2B F wator service connection up to I" it casing). Each gF 3A Fumish and install single or double short side Each we sirve ecton up2". tiricconnito Furnish and install single or double long side 3B rvice connection up to 2" (with casing). Each Furnish and install two inch corporation stop and 4 sadole. Each 5 Te+natelabanon existing water service Each 19 Page 914 of 1675 BID NO. 021-2821-181IT FURNIS AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION BID FORM (CONTINUED) ITEM DES R F ION OF SERVICES UNIT OF UNIT PRICE NOMEASURE 6 Furnioh d install 6"gate valve with box. Each Furr h no install 6" DIP water main installed with 7 Linear foot fiftin:. 8 Furniah d install 6" PVC water main with ti s. Linear foot k-(-" 9 Lab* Materials and hardware to install City Each supp,I led�ire hydrant assembly with 6" gate valve. a� LaDor aterialb , ana Labct, aterials and hardware to install CIty Each 10 pp led ample point supplied ample point. F F d i stall tappir urn; nd install tapping sleeves and valvestnon- a a 11A pav a a Each p v a 11B Fum6h E ind install tapping sleeves and valves/paved Each area $ 12A Furnish and install 4"repair clamp. Each 12B Furnish and install 6"repair clamp. Each Labor, aterials and hardware to repair or replace 13 res*nti I house valve. (Contractor to furnish Each valv jf eeded atno additional char .. Tbat,e r. si,enti ' no' I f e d-i v Lab r aternials and hardware to install and/or $ 14A I r it su Each repi ce ity supplied meter box, I" Lab r, trials and hardware to install andlor c"' 14B repl;ce ity supplied meter box, 2" Each $ THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 Page 915 of 1675 BID NO. 021-2821-18/IT FURN, H AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION BID FORM (CONTINUED) TT-E,M DESCRIPTION OF SERVICES UNIT OF UNIT PRICE NO. MEASURE 15 Labor, rr aterials and hardware to install City supplied Each $ rad i4 trall ism itter 16 uDiagp os and fix failed read issue Each Lab6o4r, aterials and hardware to replace City supo 17A supolied water meter register 5/8" and I" size and Each C City 0 ity Oup lied radio transmitter, if reg ired Labor, materials and hardware to replace City L40 , $ 17B supqlied water meter register, 1-1/2" & 2" size and Each City pupi ilied radio transmitter, if required Lr, materials and hardware to replace City -Y 17C sup lied water meter register, 3" - " size and City Each supilll dIradio transmiffeL, if required Labor, n aterials and hardware to install or replace a 18A City Ied water meter, 5/8"x 3/4" or 1" size and Each Cit lied radio transmitter, if r ulr Labor., a aterials and hardware to install or replace a ti 18B City lsupplied water meter,1.6" or 2" size and City Each $ supolied radio transmitter, if Leguired Lab4r,. n mterials and hardware to install or replace a 18C city!sup Dlied water meter, 3" size and City supplied Each $ radio tra ismigtter,r, 1f uired Labor, materials and hardware to install or replace a 1it =sulied water meter,4" size and City supplied Each radio tra:smitter, if required Lir, aterials and hardware to install or replace a 18E City" sulplied, 6" size and City supplied radio Each tranimi er, If required Fu+h rid Install or Replace Custom Setter, 1.5" or 19 201 site Each 3 TOTAL BID PRICE (ITEMS I THRU 19): A THIS PAGE M BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 Page 916 of 1675 1 r BID NO. 021-2821-1811T FUF*J H AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION 4 BID FORM (CONTINUED) OPTIONAL n,6M !: UNIT OF I ITEM UNIT PRICE CRIE NO. DESCRIPTION OF SERVICES MEASURE , P Lai r. e, materials a tools for hand diggingLinear of G= — Labor, hard aerial and tools for r toraon of ' quare ~,> ' l" i as 'drivewaysfoot hardware, is and t r restoration of Square OPT3$ i l foot 1 labor rate for miscellaneous repairattasks not ., ; T Flog - ` ` — :. herein. — Mork P: on wholesale cost for additional vegetative , t . k PT5 r 'bon, if required, bay on invoice provided y Percent Mark-up F7 . g' I T F TF I 1 L PRI T6 AUTHORIZED FI I L TELEPHONE TITL FAX NUMBER E-MAIL ADDRESS IN THE EVONT DF AN EMERGENCY, PLEASE PROVIDEIi F CONTACT L Y i THIS PAGE M BE SUBMITTED FOR BID PACKAGE a To BE CONSIDERED I Page 917 of 1675 h u � fi B I ANTI-KICKBACK AFFIDAVIT , STATEI CA ) 8 S 1, the undorsignydr Iy sworn, depose andthat no portion of the sum herein bi ill be i loyees of the Cityf Boynton Beachcommission, ick ack, reward o gift, directly r lodirectly by me or any member of my fir or officer f the corporation. By: a. r46i Sl U E— i I 1 o iad before this i of PrintedMCS1 20 Information: . �uo �� ®� 3 t 5iON I FF 90881 o m�P A E : ebwar'}8,2020 :77 2020 ® 9 ® fed I *` IMAM ------------------------------- TJiTE NOTARY PUBP , State t f Florida at Large . C Z11CAUDELLPhi�i My Co r� s,202 ic nt'eivt iters a f E "OFFICIAL THIS PAGE TO BE SUBMrTTEDi COMPLETETO BE CONSIDERED y 4 Page 918 of 1675 CONFIRMATION OF MINORITY OWNED BUSIfr NESS A requested fotm t,3 be made a part of our files for future use and information. Please fill out and indicate inthq' appropriate spaces provided which category best describes your company. Return this form your bid proposal sheet making it an official part of your bid response. Is your compaliy.a Minority Owned Business? Yes No If Yes, please 1 dicate by an "X' int appropriate box: ME RICAN INDIAN Asil,kN LACK ji[SIPANIC WO E N I OT ER i (specify) NO APPLICABLE Do youposse�s a L—.ertification qualifying your business as a Minority Owned Business? YES NO IES, Namel he rganization from which this certification was obtained and date: Issuing Organi tion for Certification P Date of Certifi tion THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 919 of 1675 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids whico an equal with respect to price, quality, and service are received by the City of Boynton Beach E t y any political subdivision for the procurement of commodities or contractual services, a bidi received from a business that certifies that it has implemented a drug-free workplace prog-am shall be given preference int award process. Established procedures for processing tie As will be followed if none of the tied vendors have a drug-free workplace program. In orr to have a drug-free workplace program, a business shall: 1) Publish a at .ment notifying employees that the unlawful manufacture, distribution, dispensing, pos gession, or use of a controlled substance is prohibited in the workplace and sp ge a*.tions that will betaken against employees for violations of such prohibition. 2) Inform emp:oye 3s about the dangers of drug abuse in the workplace, the business's policy of maintain;Ing 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 Im oyee engaged in providing the commodities or contractual services that are under bid a copy oft statement specified in subsection (1). 4) in the stat�meit specified in subsection (1), not the employee that, as a condition of working ons the commodities or contractual services that are under bid, the employee will abide by th te Tns of the statement and will notify the employer of any conviction of, or plea of guil rno/ P contendere to, any violation of Chapter 893 or of any controlled substance I aw ofit Ad States or any state, for a violation occurring in the workplace no later than five (5) r such conviction. dayp a.. 5) Impose a s I anction on, or require the satisfactory participation in a drug abuse assist or rehabilitation pldam if such is available in the employee's community by, any employee who is so c 3nvi cted. 6) Make a ooc faith effort to continue to maintain a drug-free workplace through implement 0'or of this section. . As the perso aluthoirized to sign the statement, I certify th his firm complies fully with the above req it ments. Ve d&s Si 26 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 920 of 1675 PAL-M BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor i� aware that the Inspector General of Palm Beach County has the authority to inyyest gate and audit matters relating to the negotiation and performance of i , ti frrin rt ths contractand in urtheance theeof may demand and obtaecords and esmony from the Cont;ctli�.r and its subcontractors and lower tier subcontractors. The contractor u iderstands and agrees that in addition to all other remedies and consequenceEl pr vided by law, the failure of the Contractor or its subcontractors or I ower tier sub6oniractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. COWTkACT R NAME B Title: Date: 27 Page 921 of 1675 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION the of (Name of offiler company) (Title'of officer of company) 41, -Z�X, located at241 7Name of or ti n/Company) (Business Address) au iz Certify that I a T' n ed representative of the business and, on behalf of the ol an authoriz Business, rt t lat it be deemed to be a local business for purposes of the City of Boynton Beachi Loc a] 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 661 and correct. NAME OF BUSINE __A-- 1. Is the b sin ass located within the City limits YES N0-- ber of Years: of Boyn on Beach, Florida? 2. Does the usin ess have a business tax YESi NO Business License receipt d in the current year? Number: 3. is the business registered with the Florid YES Divisiorl of Corporations? I understand ftt Isrepresentation of any facts in connection with this requestmay be.cau 's se for removal fr m tie certified local business list. I also agree that the business 'S, quired to 'S not the City in writing should it cease to qualify as a local busine PrintName, Signature: ***FOR PURCHASING USE ONLY— Business Ll' nse ZYear Established: Active: Verifledby, Date: TRENCH SAFETY ACT 28 Page 922 of 1675 STATEMENT OF NO I If you are notidJing this io fo o fty, please complete nd return this for PROCUREMEW SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boyntqn.B%.ach, Florida 33425-0310. Failure resp1 nd may result in deletionr i i list t i ton Beach. COMPANY NAIVIE: TELEPHONE: SIGNATURE: DATE: r the unde ned have declinedi n y® r Bid 021-2821-18/iTto "FURNISH INSTALL WAVR'SERVICE CONNECTIONS AND " because of the following reasons: pemifications too "tight', i.e., gebred toward r or manufacturer only exp in below) i Insu ticienti to respond Invitation t i We Jo not offer this produgfr an equivalent ....._....� - bur product schedule cul not permit us to perform e On le to meet sp ifications linabi I to requirements i unclear(explain be Un low) rth lr of below) REMARKS: f f l Q E Page 924 of 1675 7 EY ATTACHMENT rrryry''pp����««77��pp,,��qq;;��yy BID #021-2821-18/IT 'S+�^� �y[g g y ry (] f p?p ATTA1sS121L'e1W "7g" BID 021'LUG1-18 IT METER BOX BY E Cx L METERS & SERVICESSKALL DEVELOPER & BE IN A UnL" EASEMENT METER BY DEPT. g A of I II r RO AY AVM �, C� _- -------- ~ uj �I SEE NOTE 13 I� CL 0 14- PAD ILO 0 0 to g w 1" CURB STOP (MI .) MIN. L 0 Ir WITH LOCKING WINS ( ) 1 POLY EL E` 3° 3 (PREFERRED) R COPPER SEAL BOH Elh CIS OF SEE NOTE N0. 9 : CASING V ITH FOAM RUBBER 1" BRASS BALL CORP STOP I S ORT AND TUBING (MINIMUM SIZE) SER VICES , ' DOUBLE STRAP TAPPING SADDLE !2I (NO DIRECT TAPS PERMITTED) jIB C acs —�LONG SERVICES - A D--_ � Y cn8m4 c I � S 1. CASINGS SHALL BEI REO IRED FOR ALL SERVICES CROSSING PAVER AREAS. 2. SUCCESSIVE TAPS IlNTO THE WATER FAIN SHALL BE SPACED A MINIMUM OF 18" OFFSET" BETWEEN FITTINGS AND AT 45' FROM THE CENTERLINE MANS WITH GREATER THAN 30" OF COVER. (SEE DETAIL A" ABOVE) 3. METER BOXES SFA B SET TO CONFORM TO FINISH GRADE. NO MIETER BOX SHALL BE SET IN SIDEWALK OR PAVEMENT UNLESS APPROVED BY E DEPARTMENT. i 4. IF EITHER TERMtNA EN IS LOCATED UNDER PAVEMENT, USE COPPER TUBING TYPE "K" WITH COMPRESSION FITTINGS. Se POLYETHYLENE TU [NG IENDOT BLUE) SHALL BE SDR 9, COPPER TUBE SIZE. S. ROTATE THE BALL FORP. STOP SO THAT THE OPERATING NUT IS ACTUATED FROM THE VERTICAL POSITION RATHER THAN THE HORIZONTAL. 7. BOTH COPPER ANJ' PO ETHYLENE TUBING SERVICE LINES SHALL BE CONTdNOUS FROM BALL CORP. STOP TO CURB STOP WITH NO FITTINGS N B EEN. Lu B, TAPPING SADDLES ND ALL CORP. STOPS SHALL HAVEA A INLET THREADS. c� 9. SCHEDULE BO C NG RECOMMENDED FOR ANY INSTALLATION UNDER PAVEMENT. 3" SCHEDULE 40 PVC MAY BE USED FOR AN OPEN CGT IN ILLATION WITH THE APPROVAL OF THE DEPARTMENT, CASING SHOULD EXTEND THREE (3) FEET BEYOND EDC1E OF PAVEME AN SIZED AS FOLLOWS: e A. 1" SERVICE U E 3 CASING B. 1-1/2 SERVI E U E 3. OR 4" CASING C. 2" SERVICE U E 4 CASING 10. SERVICE LINES SHIL OT BE PLACED UNDER DRIVEWAYS. c� 11. MAXIMUM SERVICE EN- IS 100' TO METER. 12. INSTALLATIONS LAR ER HAN 2" METER TO BEREVIEWED ON A S BY BASIS. 13. 1" BRASS NIPPLE fO. END UP TO NO LESS THAN 2" OUTSIDE THE METER BOX. --------- BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDSTIL NOT TO EFF.DATE giSCALE 04/18 TYPICAL WATER SERVICE INSTALLATION PAGE NUMBER unLMES ENGMAPPRING DIVISK)N W-10 Page 925 of 1675 i I 4 i METER BOX BY DEVELOPER DOUBLE STRAP TAPPING 1" BRASS NIPPLE & METER BY DEPARTMENT SADDLE SWITH AC S REQUIRED ( .) SEE NOTE 5 1" SERVICE LINE METER CURB STOP g IBALL CORP STOP 1 � PRIVATE PRO E � LIMIT OF DEPT. RESPONSIBILITY " (PRIVATE-SER CE) _ , ROW OR EASEMENT LINE I- LINE (TYPICAL) 2" TAP ONLY I s i s 2" SERVICE ——- "Y" BRANCH BRASS COMPRESSION 3`-0" MIN. 1" BRASS NIPPLE REQEIRNOTE 5P PALL CORP 0 SEE DETAIL W-25 e sv —0" MIN. TRIPLESERVICE SIMILAR ji " TAP ONLY MULTI—PORT "Y" Uv _ BRASS CONNECTION Uv " SERVICE LINE s t LL CORP STOP SEE DETAIL W-25 T a I 1" LINE (TYPICAL) V c ®_ w I �a M " 1. AUTHORIZED SERVI E U E MATERIAL: A. IF EITHER T IMI END IS LOCATED UNDER PAVEMENT, USE TYPE "K" COPPER TUBING WITH COMPRESSION FITTINGS. B. POLYETHYLE E BING SDR 9. COPPER TUBE SIZE. 2. MULTIPLE SE ICE/ ETE INSTALLATIONS OF MORE THAN 4 METERS PER SERVICE AND SERVICE LINES LARGER THAN 2" IN P DIAMETER SfIALL B H DLE} ON AN INDIVIDUAL BASIS. 3. NO FITTINGS B EN LL CORP. STOP D M R CiJRB OP ALLOWEO WREN USING POLYET LENE TUBING, 4. LOW RANGE EMS M RKE SHALL BE PLACED ABOVE THE SERVICE WYE & WIRED TO THE WYE. C k - 5. 1" BRASS NIPPLE t E TEND up To IVO LESS THAN " OUTSIDE THE METER BOX. I BEACH UTILIT# PART T CONSTRUCTION STANDARDS & TAILS NOT TO I EFF.TATE SCALE 411 RESIDENTIALTYPICAL I PAGE NUMBER LNGINEERMDIVISK)N Page 926 of 1675 I BY CONTRACTOR OR DEPARTMENT BY DEVELOPER � SEE NOTE 10 11 DETAIL -15A 1 I I R/W LINE FOR ROADS. BACK OF I CURB/SIDEWALK OR EDGE OF E DRIVEWAY FOR OTHERS. s LIMIT OF MINIMUN I UNOBSTRUCTED SPACE. MIN. SETBACK FOR POWER l —------® TRANSFORMER PAD I s " CRASS � I I AREA \ I CORP. S1 � I L! I CUSTOMER SERVICE LINE I COMP ESS[ N FITHN a -- 12" 1 a :nI p I s. I s 1-1/2� I POLI`/COPPER:SER CE fsf 1 "MIN. UJ' J� PIPE (SEE NOTE I ! RPZ (SEE NOTE #1 Lai r SHEET 15—A) S s l DETAIL W-115A) I � APPROVED METER SOSuj ! I a1 D (LID NOT SHOWIN 1 s 1 r s w e I � � I 4'®S" VARIES I ELM 1-1/2" TO 2" ABOVE FINISHED GRADE IN METER TO BE SET' BY DEPARTMENT GRASSED AREA. 0" IN PAVED AREA. � FINISHED GRADE ------- ------ 1" BRASS NIPPLE REQUIRED TYP. (SEE NOTE 14 W-15A) j 14" RAD. t'f`Ff CUSTOMER SERVICE LINE (MAIN.) OPTION 2 ALL BUSHINGS OR REDUCERS I ;3` SHALL BE BRASS ` INGRASS AREA SERVICES ;1 I t E CORP. STOP - a f OPTION 1 „� - --- Mmpmms =EMBLY CON UNDER PAVEMENT SERVICES STRAP SADDLE, BALL CORP., SERVICE SEE DOTE LATE LOCK VALVE, METER YOKE, ST P SADDLE TAP WITH ( # DETAIL W-15A) CUSTOMER LINE & METER BOX CORP. STOP BOY TON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO Fl=-7FF.DATEPqTA LE WATER I I L " " THRUsa SCALE04/18 INSTALLATION I PAGE NUMBER I ENGINEERNG DIVISION Page 927 of 1675 i I 6 I 1 1. ALL NON—REiIDENTIAL SERVICES, SERVICES FOR ALL BUILDINGS OVER THREE STORIES AND SERVICES WITH INDIVIDUALLY IMETERED WATER SERVICE TO HAVE RPZ CKF`LOW PREVENTERS AS APPROVED BY UNIV. OF SOUTHERN C LIFO NIA. A CERTIFICATION OF PROPER INSTALLATION SHALL B PROVIDED FROM A LICENSED BACKFLOW P E TION TECHNICIAN WITHIN TEN (10) BUSINESS DAYS. A DUAL CHECK VALVE IS NOT REQUIRED FOR SERVQC WIIH RPZ. 2. 12" MINIMUM 1CLEJRANCE TO BE MAINTAINED BETWEEN METER BOX AND ANY OBSTRUCTION. a 3. FOR JACK AID B RE INSTALLATION OF SERVICES UNDER EXISTING PAVEMENT AND SERVICES UNDER PROPOSED PAVEMENT U E X11 3' DIAMETER PVC SCH 80 CASING. END OF CASING TO BE SEALED WITH FOAM RUBBER. t . SUCCESSIVE APS INTO THE WATER MAIN SHALL BE SPACED A MINIMUM OF 18" APART AND SHALL NOT BE ON A COMMON LIN PAJtALLEL TO THE LONGITUDINAL IS OF THE PIPE. 8. METER SHALL; NOI BE PLACED IN SIDEWALK OR DRIVEWAY AREAS UNLESS APPROVED BY THE DEPARTMENT. SERVICE LINES TAPS SHALL NOT BE PLACED UNDER DRIVES WHENEVER POSSIBLE. 6. COPPER SHALL B PE K" CONTINUOUS AND SUITABLE FOR UNDERGROUND SERVICE WITH COMPRESSION FITTINGS, IF fITHER TERMINAL END IS LOCATED UNDER PAVEMENT. 7. MAXIMUM SE k CE LENGTH IS IDD° TO METER. 8. BEDDING OVER, S VICE LINE OR CASING SHALL CONSIST OF FINE GRANULAR TERIAL. UNSUITABLE IN—SITU MATERIALS SUCH AS MUCK, DEBRIS AND LARGER ROCKS SHALL BE REMOVED. 1 9. METER SER E W LL NOT BE INSTALLED UNTIL: A. F0 " ARDS FOR DRIVEWAY AND/OR SIDEWALK ARE IN PLACE OR R Y OR SIDEWALK IS IN PLACE OR FI ISH D GRADE" STAKE IS SEC ADJACENT TO PROPOSED MIETER BOX LOCATION. I B_ +MUA UNOBSTRUCTED SPACE" (AS SHOWN) IS PROVIDED. C. THF RE UIRED BACKIFLOW PREVENTION DEVISE IS INSTALLED. D. YO E SHOULD BE CENTERED IN THE BOX, UPRIGHT AND FREE FROM DEBRIS. LI E S OULD BE TIED IN AT THE BUILDING & INSIDE THEM E BOX. WE MUST BE TO FLUSH LI E UPON INSTALLATION. 10. METER TO B S THE DEPARTMENT AFTER APPROVED INSPECTIONm 11. THE DEVELO e / IROPERTY OWNER OR ASSIGNEE SHALL BE RESPONSIBLE FOR INSTALLATION OF SERVICES BEYOND PRESSURE T ST LIMITS AS SPECIFIED BY THE DEPARTMENT. 12. THREAD ARE4S OF CORPORATION STOP AND OTHER FITTINGS SHALL BE SPIRAL WRAPPED WITH TWO WRAPS OF TEFLON TAP CORPORATION STOP SHALL NOT BE BOTTOMED OUT (1-3 THREADS SHOWING), AWWA TAPER THREAD IS REQUIRED, 13. LOW RANGE IE.M.S, MARKER TO BE PLACED ADJACENT TO BALL VALVE AND 2- OPERATING NUT WITH VALVE BOXES. I 14. 1" BRASS NI PLE TO EXTEND UP TO NO LESS THAN 2" OUTSIDE THE METER BOX. It 15. EXPANSION JUTS do A24 ADAPTERS (IF REQUIRED) ARE TO BE PROVIDED BY THE CONTRACTOR FOR EACH METER. p B 0 Y TON UTILITIES T CONSTRUCTION STANDARDSTIL NOT TO EFF.DATE P0613LE WATER SERVICE SINGLE " p " THRU 1" SCALE04/18 E I I PAGE NUMBER E TNG DIVISION Page 928 of 1675 ALTERNA, T VE BID ITEMS FOR BID NO. 21-2821-18/1T p rrEM UNIT F "S�DENML WATER SERVICE SEC-1170114 MEASURE UNrT PRICE 20 ® Furnish and in ii Sledule 40 PVC grater pi rn City installed meter to house valve Linear font 3®1b9 k @,4ypJtg ..,. Furnish.and lnsttledule 40 PVC water pipe from City installed meter to house valve Linear foot 21 1-1 2aa ; 22 Furnish and in iC sco e ule 40 PJC water pipe from City installed r house valve Linearfoot 2" 23 Reconnectionofi ng sprinkler connection at the house Each 24 Installation of n1w h se bib Each 25 Installation of cuu breaker on existing hose bib Each .,r 6 Relocation of elstin /4"or 1a°RPZ backflow 7 relocation of n 1 1/2"or 2"R.PZ backflow Each WATER SERVICE SEC71ON U11rr OF UNrF PRICE rTEM MEASURE' 26 Furnish and in ll 1 corporation stop and saddle. Each 29 Furnish and in ` ll 1 1/2"corporations p and saddle. Each 30 Installation of 21'RS are valve and saddle with valve boy Each r g 1 Installation of 1 P. service line W/O sing for short side Linear foot ? 2 Installation of P R service line with 1-1/2"casing for long side linear foot 1 4 t-�zj 33 Installation of '0 "d.E.service line VVIO casing for short side Linear foot 34 Installation of 1 Y E.service line with 3"easing for Icing side Linear foot 35 Installation of "P4 service line /o casing for short side Un ar foot 36 Installation of "P. ,service line with 3"casing for long side linear foot 37 Installation of "baj meter valve Each , 38 Installation of - /2'ball meter valve Each a 39 Installation of be I meter valve Each °rS i 36 Page 929 of 1675 i ALT.ERNA IVE BID ITEMS FOR BID NO. 21-2821-18/IT rTEM UNIT OF NM WATER MAIN SEC17ON MEASURE UNrr PRICE 40 Furnish and In ]I 4 PVC water main with fitfings Linear foot 1�`a 3 41 Furnish and in Il 8 PVC water main with in Liner foot 42 Furnish and in ll 4 DIP water main with fittings Liner foot Y,, 43 Furnish and in ' II DIP water main with Fittings Linear fact f z� 44 Installation of n elloc fire hydrant withmaterials(excluding "gate valve) Each : 11< 5 : 45 Installation of `�bi offa mbly Each 11 46 Furnish and insball 4`gate valve with valve box Each 47 Furnish and install 8'gate valve with valve box Each Y. f .. ) 40 Density testing 7 per test Each � 49 Proctor test,c test Each <1� 4 6 `y, 50 Restoration of s h It roadway w 12"roc 1-1 2"asphalt 100 Ft Square i y k/ / P ) feet 1 ora can of s h It roadway w/12"'rock11®1/2"asphalt(r inimur charge u to 100 Each ," Ft �,~-s Percent 52 Engineering Fat a,c st plus o . ; i Mark-LID FFEM RE NTIAL REUSE WATER SERVICE SEC77ON UNrr OF UNrr PRICE NO. n MEASURE 5 Furnish and in €I 1 g Schedule 40 PVC reuse pi Linear foot gel r 5 Furnish and in�jj 1.1/4"Schedule 40 PVC reuse pipe Linear foot r � 5 Furnish and in ` Il 1 1/2`"Schedule C reusepi ear foot 56 Furnish and in ll `Sc ule 40 PVC reusepipe Linear foot ' 7 leconn ion of i °n sprinkler connection and cap retable water lute €. EM TER E NO. T MEASURE 5 In ll `on of /4" h valve on potable water e r(labor only) Each �c 5 In l ion of "c k salve on potable water ureter(labor only) Each 60 Installation sof i-1/2'check valve on potable water meter(labor only) Each 7 € Page 930 of 1675 " ALTERNATilVE BID ITEMS FOR BID NO. 21-2821-18/IT –ffE—M WATEq M�TER AND BACKFLOW SECTION (continued) UNrT PRICE NO. MEASURE 61 Installation of 2 c k valve on table water meter(labor only) Each i 62 In Ration of 3/ ""m ""RPZ ow Each L. 63 In Ilation o 11/2"" 2"" 7 backflow Each .; 64 Certification of r !at backflow 3/4""m 1"" Each 4. 1� 65 Certification of dew r existing RPZ backnow 1-14"®g"4 Each ag 6 Repair existing j/4--f" backflow(LABOR ONLY) Per Hour " 67 Additional cost 6r b ckflow repair parts,cost Pius% Percent L-, a Mark-UD o rv� E UNIT'PRICE No. D RECTIONAL PIPE BORING SEMON, MEASURE 8 1/2""01`° hod l 4 PVC casing pipe, missile boring Linear foot 1 p.1 69 1-1/4"- 1-1/2", is 40 PVC sing pipe,missile boring Linear feet 78 2"Schedule 4 sing pipe,missile boring Linear foot .. •' 71 2-112"Schedul 40 C casing pipe, missile boring Linear foot 72 3"Schedule 4 sing pipe, missile ring Linear foot �eq, 73 Soft dig,to loca6 sting utilities Each 74 Ground net ng mdar( ),to locate EDdsting utilities,4 hour minimum Per Hour 1 :50 75 Addition cost p4r fcK t for schedule 86 pipe Linear foot rrEM FIRE RANT MAINTENNACE AND REPAIR SECTION UNrT OF UNrT PRICE NO. MEASURE 76 Fire hydrant Flshin , per hydrant Each w 77 Fire hydrant f[o ,with static pressure recorded Each 78 Fire hydrant fiowith residual test Each � cv 79 Fire hydrant audit a d maiinteriance Each t so Fire hydrant on nein s wire brush&scape Each 81 Painting of fire iyd pt bollards Each 82 Lipper barrel c lr in existing fire hydrant cost plus parts Each �, r 3 Page 931 of 1675 ALTERNA IVE BID ITEMS FOR BID NO. 21-2821-18/IT 'rrEM FIRE �YD NT MAINTENNACE AND REPAIR SECTION UNrT OF UNrr PRICE No. (continued) MEASURE 83 Lower barrel re4air a existing fire hydrant,cost plus parts Each 84 Furnish and in 11 ft hydrant traffic repair kit Each 85 installation of fi� by rant extension, labor only Each 86 Furnish and in ll active road marker Each 87 Additional cost fpr €r repairparts,exbension, hydrant seats,etc.cost plus% Percent Mark-UD 88 Furnish and instiill N n Sigellock fire hydrant with materials(excluding 6"gate A: rTEM UNrr OF EMGERGEN Y REPAIR, EQUIP&RESTORAT70N SECTION UNIT PRICE NO. MEASUREi: 89 Hourly rate,Su rin ndent Per Hour 90 Hourly rate, For?'mar Per Hour 91 Hourly rate,PiLa Y Br Per Hour LY) 92 Hourly rate,Laborer Per Hour L/ 93 Hourly rate,pl$p compactor Per Hour 94 Hourly rate,3"Oiaph ragm pump Per Hour C'�' 95 Hourly rate,util' track Per Hour 96 Hourly rate,ex va pr Per Hour 97 Hourly rote,skid ste r Per Hour 98 Sod restoration SQ FT 99 36"Traffic Conic Each 100 Type H or ITI Barrica es Each Type S 2� or I"Bs un ca L Hourly rate ex va r Hou r;rate,skid Ste r 101 Work zone sign$on'A"frames Per Day 102 Arrow board Type Per 103 MG"r,Setup Co Each P is through on ra s --�e�rcent r )t c 104 Pass through on me rials not covered under line items M"ar -up 39 Page 932 of 1675 BID NO. 021-2821-18/1T FURNISHIA D INSTALL WATER SERVICE CONNECTIONS AND RESTORATION Residential Water SerAcelMethodoloav: Furnish and install watet sei vice pipe, installation/replacement of water service. to No. 20 through 22 installation of SCH 40 P.V.('-. pipe performed using trenchless methodologies providing a minimum of 12 inches of cover, m' cludi#g I fittings,price is per linear foot. Excludes sprinkler connection refer to Item No. 21 Reconnection of existing spiink�er connection. Item No. 23 Includes excavations of sprinkler connection, installation of req wred gs and final connection to sprinkler system. Excludes any additional piping refer to items # 1 , I B,20, 21, 2 required. Insllation of ose ib. !1te No.24 Includes installation of 'fa" copper riser pipe, %" copper fittings as tahb required, %"hose bid, *o dopper pipe straps with connection to existing water source within three feet. Relocation of existing b c1d lows. Item No. 26 and 27. Includes excavation of existing unit, relocation of unit, and reconnection ui red fittings, supports, and straps. Excludes backflow certification, if required refer to Item No. 64 and 65. Water Service Methodblo Furnish and install 1" opI- /2"corporation stop and saddle. Item No. 28 and 29 includes excavation of existing .—nr .i water main, install mappr pri te saddle(2"thru 10") to the water main, and install corporation stop, wet tap, backfill and compactio L E eludes restoration of any sod, concrete or asphalt. Installation of 2"RS g v ve and saddle with valve box. Item No. 30 includes excavation of existing water main, install appropriatq s le (2"— 1 ")to the water main, install 2"RS gate valve,wet tap, install cast iron Ivalve box assemble wi Ii backfill and compaction. Excludes restoration of any sod, concrete or asphalt.I. .I Installation of 1"P.E. **atleservice short side. Item No. 31 includes excavatio niboring, I" P.E. pipe, connection to existing c§rp 'ration stop, connection to existing ball meter valve,price per linear foot. Excludes restoration of any sod, r4nncTete or asphalt. T Installation of 1"P.E, ater service long side with 1-1/2" SCH 40 casing pipe. Item No. 32 includes excavation of both siooadway to a minimum depth of 24"to the top of the casing pipe, direction bore to install 1-112" SCH 40 c.Lsin,,Y, install 1"P.E.pipe, connection to existing corporation stop, connection to existing baH meter valve,ptice per linear foot. Excludes restoration of any sod, concrete or asphalt. Installation of 1-1/2"P i vater service short side. It No. 3 3 includes excavation/boring, 1-1/ P.E. pipe, connection to existing rporation stop, connection to existing ball meter valve,price per linear foot. Excludes restoration of an) ' c-ete or asphalt. 30 Page 933 of 1675 BID NO. 021-2821-18/IT FURNISKAND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION Water Service Methodolo [Continued) Installation of 1-1/2"Pt. water service to side with 3" SC H 40 casing pipe. Item No. 34 includes excavation of both side of j-oadway to a minimum depth of 24"to the to of the casing pipe, direction bore to install 3" SCH 40 casin* histall 1-1/2"P.E. pipe, connection to existing corporation stop, connection to existing ball meter valv ,Ix ice per linear foot. Excludes restoration of any sod, concrete or asphalt. I Installation of 2"P.E. v*' tez service short side. to No. 35 includes excavation/boring, 2"P.E. pipe, connection to existing cration stop, connection to existing ball meter valve,price per linear foot. Excludes restoration of any sod, cone to or asphalt. Installation of 2"P.E- wate service to side with 3" SC H 40 casing pipe. Item No. 36 includes excavation of both sides of roadway to' a r iinimum depth of 24"to the to of the casing pipe, direction bore to install 3" SCH 40 casing, install 2"P.4.pipe, connection to existing corporation stop, connection to existing ball meter valve, price per linear foot. E�cl-u des restoration of any sod, concrete or asphalt. Installation of I" all rn�ter valve. It No. 37 includes all components for the installation of either a I straight ball meter valvI"yoke bar and 1" outlet or 1" straight ball meter valve and tail pipe or U-branch valve I"x W x %-wirtatl pipes, covers all assembly and connections. Excludes meter box installation refer to Item No. 14A. Installation of 1-1/2" of 2" ball meter valve. It No. 38 and 39 includes all components for the installation of either a 1-1/2" or 2" Stro ball meter valve CST X FI P or CST X meter flange, covers all assembly and connections. Excludes:ne rbox installation, refer to item 14B. I Water Main Methodol am. Furnish and install 4" o� 8" PVC water main with fittings. Item No. 40 and 41 includes excavation to provide 36" of cover,pipe fittin &-,required(excluding offsets), backfill and compaction of trench. Excludes density tests refer to Item NoAranj any sod, asphalt or concrete restorations refer to bid Item No. OPT2, OPT3, 50, 51, and 98. Fumish and install 4" oi 8" DIP water main with fittings. Item No. 42 and 43 includes excavation to provide 30" of cover,pipe fittings a;required (excluding off-sets), backfill and compaction of trench. Excludes density tests refer to Item No. ani I any sod, asphalt or concrete restorations refer to bid Item No. OPT2, OPT3, 50, 51, and 98. Installation of Non Sige)lo fire hydrant with materials. It No. 44 includes excavation, standard fire hydrant American Darlipg 1184-B or equal, 6"DIP pipe,mega lugs (2), connection to existing MJ gate valve, backfill and compaction. . Excludes 6"MJ gate valve refer to It No. 6 and any sod, asphalt or concrete restorations refer to Itell Ne. OPT2, OPT3, 50, 51, and 98. 31 Page 934 of 1675 BID NO. 021-2821-18/IT FURNISH ,AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION Water Main Methodol4gv� (Continued) Installation of 2"blowassembly. Its No. 45 includes installation of 2"tap cap/plug, 2"ball valve, 90 degree brass fitting, 2"fags nipple, 2"brass plug 11"X 18"meter box with lid. Furnish and insta]14"or,8" ate valve with valve box. Its No. 46 and 47 includes 4" or 8"MJ gate valve, two 4"mega lugs, and vov box assembly with lid. . Excludes restoration of any sod, concrete or asphalt. Density Testing. Item No. 8 this its is to be used in conjunction with projects requiring density tests be performed. Includes sc4ed mg and performing density testing on project sites as needed and provide report for each test performed, unit co t is per test with no standby time. Proctor Testing. Its N . 4 this its is to be used in conjunction with projects requiring density tests and will require a proctor for thai tesi-I cost is per test. i Restoration of Asphalt q'l the Roadway. Its No. 50 and 51 cost is based on a minimum charge ora per square foot charge. Cost will ir�chble 1-1/2" of hot asphalt and 12"of roadrock compacted to acceptable minimum standards. Engineering Fee's Its `,To. 52 This item will be used in the event the contractor will be required to retain an Engineer for certified dr,iwh ig,plans etc. i Reuse Water Service Metbodolou: Furnish and install reus se ce pipe, installation of reuse service. Its No. 53 through 56 installation of SCH 40 Purple PVC pipe pe 'orn Led using enc ss methodologies providing a minimum of 12 inches of cover, including all fittings,pri e fi;per linear foot. Excludes sprinkle connection refer to Its No. 57. Reconnection of exist'in spfinkler connection and cap potable water line. Its No. 57 Includes excavations of sprinider connection, in allation of required fittings and final connection to sprinkler system. Excludes any additional piping refer tiftern No. 53 through 56 as required. Water Meter and BacW MethodoloM:: Installation of 2" qJi-lbie check valve on potable water meter(Labor Only) Its No. 58 through 63, all check valves shah be prv.id ed to the contactor at no additional cost. Includes excavation of meter box, turn off water at meter curb stop rer love existing meter, install new 2"in-line check valve. Make connection to customer's line,remstA wa�er meter using new washers,re-establish water to customer, flush lines and record all meter information orb'war,-k order for processing. Excludes installation/replacement of meter box/lid, refer to Its No 14A and 1413. 32 Page 935 of 1675 BID NO. 021-2821-18/IT FURNISH MID INSTALL WATER SERVICE CCNNECTIONS AND RESTORATION Water Meterand Bacliftow Methodolo tinued) ----F— M 1 Le on Installation of %" or 1"� ows. Its No.62 includes all components to install 1/4" or I"RPZ backflow, alI copper pipe risers, cqpper. fittings, brackets/straps, connections to meter and customers' line. Excludes backflow certification rdfer o Its No. 64. Ins tallationof -1/2" o2" Z backflows. Its No. 63 includes all components to install 1-1/2"or 2"RPZ backflow, all copper pip I p n.,ers, copper fittings, brackets/straps, connections to meter and customers' line. Excludes backflow cert' Lca ion refer to Its No. 65. Certification of new or 1xis RPZ backflow. Its No. 64 and 65 includes testing of R.PZ backflow, notification to customer�wat r will be shut off,performing test and recording test results including passed or failed. Excluding.back4ow repairs if required refer to Its No. 66 and 67. Repair existing backfiopr venter(Labor Only). Its No. 66 is for performing the repair of a leaking or failed backflow prevej :is :er hour) excluding parts which will be covered under Its No. 67, Additional cost for bac oir preventer repair parts. It No. 67 is the additional cost associated with the repair parts required to repair I ackflow, cost of parts times percentage. Directional P e Borin�Methodolozv: Installation of 1/2"—3" s le 40 PVC via missile boring. Its No. 68 through 72 included the excavation of the ground to a MM' lmu4l d of 24"using aneumatic missile to bore the assigned area and installation of the proposed pipe,cost clades the excavation and piping required. If SCH 80 PVC is required refer to Its No. 75. Soft dig to located existing ilities. Its No. 73 is for the excavation of existing conflicts, to determine type, size or to locate existing bm ied utilities. or can be achieved by use soft digging or manual excavation, cost is per of hole. i Ground-Penetrating R adai. (GPR)Item No. 74 is for the use of GPR to locate existing conflicts and to determine existing buried utilities as needed on projects. Cost per hour, 4 hour minimum I . Additional cost per footlof S chedule 80 PVC. Its No.75 includes the additional cost associated with the upgrade of pipe. Fire Hyd ant Mainten4nel �Reai�r Section: Fire hydrant flushing Ittinblo. 76 per AWWA M17 codes; cost includes just the flushing of the hydrant for a time frame between 3 Ld 5 minutes each. 33 Page 936 of 1675 BID NO. 021-2821-18/1T FURNISHAND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION Fire Hvdrant MainteinignMand Repair Section: Leontinued) Fire hydrant flow testc pressure test recorded It No. 77 per AWWA M 17 codes; cost includes the flushing of the hydran4 pet'orming flow test, and static pressure test with report. Also the lubrication of the nozzles with approved I bod-grade grease. Cost is per hydrant. Fire hydrant flow test�jth sidual test Item No. 78 is per AWWA M17 codes; cost includes the flushing of both fire hydrants,recogdin,, static pressure on hydrant#1, flowing hydrant#1, flowing hydrant#2 while recording pressure dropkonhydrant#1. Cost is per hydrant test. Fire hydrant audit Item No. 79 The audit will include the following; Location of each hydrant using closest sal S 'on valve and exercise if present, check height of nozzle clearance and o erating address, location of the Pol p clearances. Remove cats and lubricate nozzles, lubrication of fire hydrant,perform fire hydrant flow test, static pressure, identifymakq model and year of manufacture. If necessary replace(if defective)blue reflective road marker, install (if not se t) see It No. 86 If hydrant iso inoperative during the audit it will be identified, marked and t*gg as such. The City will be notified before the end of the working day of any hydrants discovered to e oi it of service. Cost is per hydrant and does not include hydrant painting. Fire hydrant painting, and scrape. Item No. 80 this procedure is for the painting of any, hydrants deemed IM'relp necessary forpainting, 'or).to include the removal of loose paint by either wire brush or scraping with a metal ude blade, Note does not in lsandblasting. The hydrant will be painted with the City approved color scheme. [I I Cost does not include for , pi inting of bollards refer to Item No. 8 1. Fire hydrant painting o1bollards It No.81 this cost is for the painting of safety bollards that are placed around fire hydrants. Cost is pek bo d. Upper barrel repair onag hydrant It No. 82 is for the repair of a damaged hydrant on the upper barrel of the hydrant this will is the following repairs; Replace any missing or deteriorated flange nuts and bolts, e sq ud,e replacement of friction jvas ier anlu cate operating nut, remove the nozzles and grease, secure any loose nozzles,reposition hyt to the correct location, Disassemble and lubricate complete bonnet area. Note, if upper barrel main corn e is damaged, cost is for the removal and replacement of the damaged part excluding any upper el]?arts refer to It No. 87 for cost of repair pairs to the repair fire hydrant. Lower barrel repawir on isfing hydrant It No. 83 is for the repair of a damaged hydrant on the lower barrel of the hydrant this will�ncl e the following repairs; replacement of and broken traffic flanges, flange gaskets and couplings where ne essary, straighten hydrant if necessary,replacement ofd a orleaking main seats. Does not include the cost o parts refer to It No. 87 for cost of repair parts to the repair fire hydrant. Furnish and install traff,c r air kit. Item No. 84 this cost is for the installation of a traffic repair kit only. Does not include the cost of tIie parts refer to It No. 87 for of traffic kit cost. Cost is per hydrant. Installation of fire by wension.kit Item No. 5,cost is for excavation,the removal of the existing upper barrel and installation of extension kit to get the hydrant to the necessary approved height, cost to include all tools and labor excl g th e fire hydrant extension kit refer to Item No. 87. 34 Page 937 of 1675 LO rl- S 0 m q m ¢ 2 n � \ \ \ \ \ \ \ ) \ \ \ \ � � \ \ / � ( \ ZWI \ ( / ) / » ! ! m o, ( �,w E . ) ( ( » » \ - » » - » » » - _ - / � : / /\ \ - „ \ \ � \ \ \ ; P \ § § § § w 2E § § § � ' § § § k § & § )u h3 \ E / / ( \ , \ \ \ ; ) ) « , / : - : § } : / - - k - : 2 _ - \ © / , ) 2wE _ _ / _ ( \ \ \ \\ \ \ \ \ § \ \ \\ \ }\ \\( \ \ < :z / ) \ § \ \) \ ) ) \\ ) )) k ) \\ )\ \ \ ( -a } j ( ( ( ( ( LO rl- S 0 m q m ¢ OV 2 n � \ \ \ \ h3 \ ( a ) « » lo 0 1h3 / \ \ } \ } � \ \ )10 hi \ E / / \ \ o ; ) ) « / g e } } � ) \ \ \ \ § ! 222 ( { ! § ( § itt}cctit�r\�q\+f''�lrtty'BriR' }ti!{rJcs +,t1� \,!�)\�},lt\{ S - s�21SiYist�i,Pl�\I\i1`i otD\i(tt}S}1rtS1 lsi))\,}`•,,`<1'u +i�42i'{+iriSiilV4\{s tr{s!�\} tii;+fU\�Sl i!Y},+,'}k}+il>?zl'�ditssy\'?))i)+!s}K r)a\ s�Y�,\r Y��1't`)�\1`�yt Y 'ri{S+i1,3i'}�{tt��£a. ,av+fr){{t£�t�\i�i�t+\rlitt5 tft+tts+l,tt�j !'S1�f+"'t!(t}r i1�tY', })ls ti!}{1 uts�1)tjillt2t��S)1\j�srl ii+ .. {)t i�J1)i2� )ld}tlY1S!{2!)\�?1 }rIM, \, )t t 'Sti1'.. s �j ((+A ■O tits, 1��Y�t �;5, ,t,-`\}i�,i�>}il;. `l s \fit\i )jts,�hS t�{>9�s 5 I-t!(1},A N I� A L L V1� i\i 1` #r2( 4 fl\ t')Y4 itlJy3c 1)+} t'r4slX141\mitt' }sl !` 1 �' ij,:r is},ijtl'r2i)'i\�\'1{Yttti'+l}\\r�S),lt{ki' .{\ t S+) (l�:e t£+{ls,t�lJrr�lif'1{1124+10}tifs 4tv s} ( it ' 3� NN� ` CTIO AND YSTORATIC �t w v, J,'ti, 3it}}'idr� +r <)r•-tS iY t 'tt14i?IVilts�tt)i}yet\+}++1y7�{,{1A4��'14. �1iJ�Sl tA{it1�}r't4}t��it�r�)t1\i1A+}1�5,111'A?+)A�A�t}r, ir`t",+' 2t'1;�}�'! ;q'ttY7V)R1s c�i1i1' �li�l)�Lt+ki)y�lt r��\ti��}��1�\ti+Ait3t1��1i, 6rtoi iti\,2��(�ilrt}ir�l�slr�+2 r)ky'+}!�{t>, gViv+ A)Jsi,£;;i` 1210�It�;�� it�fll\try't�ri�t!tr`}t)��5�(i>>�1S1s�t4r{�£� ({i�ti+s{i�fh}\ji�A+73Vs\i\ylSsr+{!t\i141+<«r is\t\, 1l h+isf + Sf1�i1 A 4 !� r14t it S{titiU}t S(, i ,r+'rd(yt {tit', �ritAilVt}}fir{t+731}��+}r�iV+;tYti t�ti�1�}�fs t Y{{ittS(��l�js })y k'}�}}t}�)�iStltil{1ti{ts,i1 ti' 4.�)5\l} r{;l}�s+�14, titl+1{it t'iC�is t+tl'11i\t i�{i �Yri'1s. 00is +�r it\tY s�Ff+lsy tl\�jZ r {�Jtlyt�ti}S;�Ii5�1'i1tS'�ts�4�t}51\}'�t4����s2�1' 1'1s11 � Yi4r, 3 21 � 2821 � ,,+2iv, 2fl(�tl 14,1, IDN X1 WIT 41)���l�ili3+i}}t+jiit, ■■ �Prrt} 5;2�r'rtti}tS�11�t+'{1VA`)},t�)') � r`iil'{{Z ii+1'p11�\rtt+ }1\}�{11�+tir{+� A+k��js{kts + A2� ';ll��r' yilit�l;1}ii;4giltljj\{y 1}+s{ +)t�(rl}11s; i�t�r,tt i 4tttit}�4tV, 111\0112+ ,p 4i��t)i;v\y{}tt}t�{i(Dt`111{V1}{}+���tt+vs,+,! 'ltktrl}y{21\{7 tin}hvv}1}�sv�I1`!'r�1 �)4;11y i� t+lt l>s�4 E�vs if 1t �vA4 �1\><>,yS1{`41t���2�++? +,ftgVA��'1S3vv��it�{ tv st tr\11r \l}tyS, s1£s '\�tiry\+ 11lksVvtt � v+�}},S,iV'ti }1 t 1 1 i4 l{sv}} �i1{�Al2j{}vSS�+ is�1y11V'{� iz '§ ty+Ii2[iStVi'+AsVAi�{V`21)���1s1}+ 1)��s,,, �ii! {++')��,i�>~.;�s, t?,. tt{t \r,};�2�\�.,"s'`t}sAs11i(1;}�t2, ht{1ti��t}`ts`v£Vi,,.:. )V41Z� ir!{1�{\.t„ , rtttl Sj3+ {tv t++r '" r s S}, tV�!t t 0 +s1t 1i1 Avv t i brt)\Oi' fit�4l i�(tlh{)_s�{f{ �(+{i�it21{�fi'lr}Yt 1 i11t `' ;�� rt\V+YiA�tr+ Vtty?'t Ys "tit\+{+sYr 1 Y Ur�l�itl�{`!rrliSt r4 � �' - �s�r +� sr 7 t �11 i4jit 1(1i�1{1�Srf t At �1\�1 �ENING Dl�,v,�,;;�G: JUNE iS1 c1 v Vii)+ti '4 Y � )1}1', tir iYty+�1 Vr+ 1t'l{+!2 +ilStslv1iv{t2r 4 1 �€ i i t ' r+ t 1 si�yl �ty+15+1+1��lt 4 stvt�qr3 0 � + P, kt!?ysi ts3t2�'2+f£tir a)\4\, t ' 4�'(�StI1r)S4}p2�1v (E }� �i s< 12U i1 � IJ iyl*1 (tt��\tv��++ +£t1;+i+f+1}}7`r•_t�'s J}i��++t}11 ii�VA£i) t1S Y1+j f'(f1}V -} + ti„r' +r' {+ i't+ 1)1�ili S1 {iv{l}vr{}t s a+ 15��£liii)\Ei\s�•{���itli'i4�\1')�\\si 1' 1l! �V'V) 1{+ v),t it+31v i{t r\�N+Y�12}�)�iAAI}�i(+ +f}isvt{)}�sAtti£+}�t,1V' tt1iFlYstfi cAst vi + l� ns 3 \ st i ) )iti+ 1{ i f� i{1�\1 j+s 't 11 <s`} 111 2t{}15sst�1`1rc3f}sV'ilY,llnTt+i\ 1 Sf}t{v{ l\2 f2 t\\t� r ttts Y !t }k Page 940 of 1675 The City of Boynton Beach Purchasing Services 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6323 FAX. (561)742-6316 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: JUNE 14, 2018; No Later Than 2:30 P.M. (Local Time). Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid, whichever is sooner. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING / CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the City of Boynton Beach 1 Bid No. 021-2821-18/IT Page 941 of 1675 Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: triestmanip- bfl.us SCOPE OF SERVICES: The intent of this solicitation is to select a successful Bidder to furnish and provide installation of water service connections and restoration, including water taps and restoration related to the two inch (2") galvanized water main replacement to include taps; service connections; placement of meter boxes; valves; service lines and restoration; installation of water meters and attached equipment. This bid also includes the installation of 6" DIP and PVC water mains, fire hydrants, sample points, relocation of water services, meters, and mains for various locations within the City of Boynton Beach Utilities service area. Contact: City of Boynton Beach Purchasing Services 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Ilyse Triestman, Purchasing Manager (561) 742-6322 or triest an bbfl,us Office Hours: MONDAY- FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH —is:w &Of- AAMQ TIM W. HOWARD ASSISTANT CITY MANAGER-ADMINISTRATION DIRECTOR OF FINANCIAL SERVICES City of Boynton Beach 2 Bid No. 021-2821-18/IT Page 942 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION Section 1 — SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until JUNE 14, 2018 at 2:30 P.M. (LOCAL TIME) in Purchasing Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purchasing Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the bid response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their bid response. D. One (1) original, so marked, and two (2) copies, of the bid response shall be submitted in one sealed package clearly marked on the outside "INVITATION TO BID FOR FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION" to: City of Boynton Beach, Purchasing Services, P.O. Box 310, 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425-0310. E. Responses shall clearly indicate the legal name, address and telephone number of the bidder (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. City of Boynton Beach 3 Bid No. 021-2821-18/IT Page 943 of 1675 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. MINOR IRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, Bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; City of Boynton Beach 4 Bid No. 021-2821-18/IT Page 944 of 1675 F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. City of Boynton Beach 5 Bid No. 021-2821-18/IT Page 945 of 1675 SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of City of Boynton Beach 6 Bid No. 021-2821-18/IT Page 946 of 1675 Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this submittal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. PUBLIC ENTITY CRIMES: As provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services City of Boynton Beach 7 Bid No. 021-2821-18/IT Page 947 of 1675 awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the UTILITIES DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. City of Boynton Beach 8 Bid No. 021-2821-18/IT Page 948 of 1675 B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY: See Scope of Services. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a City of Boynton Beach 9 Bid No. 021-2821-18/IT Page 949 of 1675 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 QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Ilyse Triestman, Purchasing Manager, Monday through Friday, 8:00 A.M. to 5:00 P.M. at (561) 742-6322; E-mail triestmani(Wbbfl.us LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. City of Boynton Beach 10 Bid No. 021-2821-18/IT Page 950 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION SPECIAL TERMS AND CONDITIONS PURPOSE: The intent of this solicitation is to select a successful Bidder to provide all labor, materials, tools, hardware, equipment and supervision to furnish and install water service connections and restoration services for various locations within the City of Boynton Beach. METHOD OF AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. Once opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. The City intends to award a contract to the lowest, responsive, responsible total price bidder for, taking into consideration experience, staffing, equipment, materials, references and past performance. LICENSE REQUIRED: At the time of bid submittal, firms must possess a current, valid State of Florida Underground Utility License and should submit proof of licensure with bid. A Pre- Qualification Letter from the Florida Department of Transportation (FDOT) may be substituted for this requirement. If not submitted with bid, proof of licensure must be submitted within three (3) calendar days of request by City or bid will be deemed non-responsive. TERM OF CONTRACT: The initial term of the contract awarded shall be for one (1) year from the effective date of the contract and by mutual agreement between the City and the awardee(s), may be renewable for four (4) additional one (1) year periods. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. City of Boynton Beach 11 Bid No. 021-2821-18/IT Page 951 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION SPECIAL TERMS AND CONDITIONS (CONTINUED) TRENCH SAFETY ACT: The Bidder should complete and submit the Trench Safety Act Form, with the bid submittal, but must submit within three (3) calendar days of City's request. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. City of Boynton Beach 12 Bid No. 021-2821-18/IT Page 952 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION SPECIFICATIONS AND REQUIREMENTS GENERAL The City of Boynton Beach is seeking a qualified Contractor to furnish and install water service connections and restoration, including water taps and restoration related to two inch (2") galvanized water main replacement to include taps; service connections; placement of meter boxes; valves; service lines and restoration; installation of water meters and attached equipment. This bid also includes the installation of 6" DIP and PVC water mains, fire hydrants, sample points, relocation of water services, meters, and mains. Awarded contractor must adhere to published Utility Department Standards of Construction from the mains through the meter box and Standard Plumbing Code from the meter box through the building connection at various locations within the City of Boynton Beach Utility's service area, Boynton Beach, Florida. All pricing shall include restoration to "as found" condition or better unless otherwise approved by the City Inspector or designee. Contractor will not store material or equipment on any of the temporary easements. Equipment and material storage within the right of way shall be with the approval of the Utility Department inspector and at the risk of the Contractor. No material will be stored in front of any residence. Contractor shall respond to emergency requests within one (1) hour and non-emergencies within 24 hours at no additional charge to the City. A contact phone number available 24 hours a day, 7 days a week must be provided with bid. Contractor shall guarantee all work and materials for a term of one (1) year after completion and acceptance of work. A daily project inspection by an employee of the City Utility Department will be made and all work will be done during regular working hours unless prior approval is given by the City. For the purposes of this Contract, regular working hours are defined as Monday thru Friday, 7 AM to 3:30 PM, excluding holidays. Awarded Contractor will prepare a listing of items and quantities on a per property basis upon completion of work to support invoicing. The City of Boynton Beach will issue work requests for several properties at a time or there will be cases for individual property requests. The contractor agrees to commence work within seven (7) calendar days after receipt of order. All work associated with each property must be completed within two (2) calendar days after commencement. 13 Page 953 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION SPECIFICATIONS AND REQUIREMENTS (continued) 1. Line Connection Meter to House The prices submitted shall be inclusive of all labor, materials, tools, hardware, supervision, supplies and ancillary items necessary to perform the installation in accordance with the Standard Plumbing Code, City of Boynton Beach Codes and Ordinances. The unit bid price for house water service connections at the City installed meter and house valve shall include the 1" gate valve at the house connection and sod restorations specific to each house. All new water services shall be connected at the same point of connection at the existing house valve or service point. The Contractor will confine its installation activity to a twelve (12) foot wide easement that will be secured by the City. Contractor shall contact the City Utility Inspector at least 48 hours prior to entry onto the property site. Prior to commencing the work, the Contractor shall provide 48 hours advance notice to the homeowner by providing a door hanger stating the Contractor's intention to begin work. Information contained on the hanger will include as a minimum: Contractor's Name Name of Contractor's Representative Date of Entry Date, Time and Duration of Interruption of Water Service The Contractor shall complete all work related to each installation, including restoration, within ten (10) calendar days of the date of entry onto any property. All trenches must provide a minimum of 12 inches cover and must be performed using trenchless methodologies. No other equipment will be allowed in the yards. Any request by the property owner to either the City or Contractor that the trenches be hand dug must be honored. 14 Page 954 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION SPECIFICATIONS AND REQUIREMENTS (continued) A. Permits All required permits shall be obtained by the Contractor. Permit fees will be paid by the contractor and will be reimbursed 100% of the cost. This includes permits inside and outside City limits. The City of Boynton Beach requires one permit drawn for each installation within the City. The requirement for individual site plan is waived in lieu of the typical installation site plan which the awarded vendor will provide with permit application submittal. Locations outside the City limits will have to follow that jurisdiction's permit requirements. 2. Water Meter and Attached Device Installations The Contractor shall provide all labor, materials, tools, supplies, equipment, hardware, supervision and ancillary items necessary for the proper installation and programming/activating city-furnished radio transmitters. At no additional charge to the City, and in order to perform the programming work defined herein, the Contractor shall furnish the required programming equipment defined as the Sensus AR5502 or Trimble unit with GPS package loaded with Field Logic and a Sensus Command Link, and Sensus touch-reader or approved equals. The City Inspector shall verify Field Logic settings prior to the start of work. The Contractor shall not program the transmitter until after it is installed at its final location to ensure proper GPS coordinates. Radio transmitters that are moved with the meter shall be deactivated prior to moving and reactivating at its final location. Meter installation and/or replacement require customer notification prior to disconnect and shall be flushed immediately after installation. Meter sizes 1.5" and above shall have bypass shut off and locked after installation. The Contractor needs to ensure the meter is installed properly to avoid backwards registration. The contractor shall verify the register resolution for all meter installs, register changes and radio transmitter programming. This verification shall include checking the number of dials reporting on the digital output and ensuring the dials match the register to the 10 gallon position; erroneous output shall be reported to the City Inspector or designee immediately. 15 Page 955 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION SPECIFICATIONS AND REQUIREMENTS (continued) Proper number of dials programmed: 5/8" — 1" 6 dial output; 1,000,000 to 10 gallon position 1.5" —3" 7 dial output; 10,000,000 to 10 gallon position 4" —6" 8 dial output; 100,000,000 to 10 gallon position Meter boxes shall be installed at ground level, with compacted dirt underneath to avoid sinking; meter/yoke should be centered inside the box with the curbstop facing up. Within five (5) business days after completion of work, the Contractor shall prepare and submit to the City Inspector or designee a list of meters replaced or moved during each calendar week. The summary should include: a. Location of work performed b. Removed equipment serial number c. New equipment serial number d. Meter reading (both old and new if register or meter is replaced) e. Manufacture date of new equipment f. Meter location and location notes g. Comments of any issues h. Date the work was actually performed Information requests must be complete and correct for the installation to be considered eligible for payment. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 16 Page 956 of 1675 Attachment "A" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+"or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor) The following is a list of types of insurance required of contractors,lessees, etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined 17 Page 957 of 1675 BIDDER ACKNOWLEDGEMENT Submit Bids To: PURCHASING SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 Bid Title: "FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION" Bid Number: 021-2821-18/IT Bid Due: JUNE 14, 2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: E-Mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page Y58 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION BID FORM To: City of Boynton Beach, Florida The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. In accordance with the General Conditions, Special Conditions, and Specifications and Requirements, the undersigned bidder offers the following: Basis of Award: It is the intent of the City to award to the lowest responsive and responsible bidder by total bid price. The City reserves the right to award optional items if determined to be in the City's best interest.Award of all items are subject to the availability of funds. ITEM DESCRIPTION OF SERVICES UNIT OF UNIT PRICE NO. MEASURE 1A Furnish and install Schedule 40 PVC water pipe Linear foot $ from City installed meter to house valve up 3/4". 1 B Furnish and install Schedule 40 PVC water pipe Linear foot $ from City installed meter to house valve up 1". 2A Furnish and install single or double short side Each $ water service connection up to 1". 2B Furnish and install single or double long side Each $ water service connection up to 1" (with casing). 3A Furnish and install single or double short side Each $ water service connection up to 2". 3B Furnish and install single or double long side Each $ water service connection up to 2" (with casing). 4 Furnish and install two inch corporation stop and Each $ saddle. 5 Terminate/abandon existing water service Each $ 19 Page 959 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION BID FORM (CONTINUED) ITEM DESCRIPTION OF SERVICES UNIT OF UNIT PRICE NO. MEASURE 6 Furnish and install 6" gate valve with box. Each $ 7 Furnish and install 6" DIP water main installed with Linear foot $ fittings. 8 Furnish and install 6" PVC water main with fittings. Linear foot $ 9 Labor, materials and hardware to install City Each $ supplied fire hydrant assembly with 6" gate valve. 10 Labor, materials and hardware to install City Each $ supplied sample point. 11A Furnish and install tapping sleeves and valves/non- Each $ paved area 11B Furnish and install tapping sleeves and valves/paved Each $ area 12A Furnish and install 4" repair clamp. Each $ 12B Furnish and install 6" repair clamp. Each $ Labor, materials and hardware to repair or replace 13 residential house valve. (Contractor to furnish Each $ valve, if needed at no additional charge.) 14A Labor, materials and hardware to install and/or Each $ replace City supplied meter box, 1" 14B Labor, materials and hardware to install and/or Each $ replace City supplied meter box, 2" THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 Page 960 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION BID FORM (CONTINUED) ITEM DESCRIPTION OF SERVICES UNIT OF UNIT PRICE NO. MEASURE 15 Labor, materials and hardware to install City supplied Each $ radio transmitter 16 Diagnose and fix failed read issue Each $ Labor, materials and hardware to replace City 17A supplied water meter register 5/8" and 1" size and Each $ City supplied radio transmitter, if required Labor, materials and hardware to replace City 17B supplied water meter register, 1-1/2" & 2" size and Each $ City supplied radio transmitter, if required Labor, materials and hardware to replace City 17C supplied water meter register, 3" - 6" size and City Each $ supplied radio transmitter, if required Labor, materials and hardware to install or replace a 18A City supplied water meter, 5/8"x 3/4" or 1" size and Each $ City supplied radio transmitter, if required Labor, materials and hardware to install or replace a 18B City supplied water meter,1.5" or 2" size and City Each $ supplied radio transmitter, if required Labor, materials and hardware to install or replace a 18C City supplied water meter, 3" size and City supplied Each $ radio transmitter, if required Labor, materials and hardware to install or replace a 18D City supplied water meter,4" size and City supplied Each $ radio transmitter, if required Labor, materials and hardware to install or replace a 18E City supplied, 6" size and City supplied radio Each $ transmitter, if required 19 Furnish and Install or Replace Custom Setter, 1.5" or Each $ 2" size TOTAL BID PRICE (ITEMS 1 THRU 19): $ THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 Page 961 of 1675 BID NO. 021-2821-18/IT FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION BID FORM (CONTINUED) OPTIONAL ITEMS: ITEM DESCRIPTION OF SERVICES UNIT OF MEASURE UNIT PRICE OPT1 Labor, hardware, materials and tools for hand digging Linear foot $ trench OPT2 Labor, hardware, materials and tools for restoration of Square $ asphalt driveways foot OPT3 Labor, hardware, materials and tools for restoration of Square $ concrete driveways/sidewalk foot OPT4 Hourly labor rate for miscellaneous repairs/tasks not Per Hour $ specified herein. Mark-up on wholesale cost for additional vegetative Percent OPT5 restoration, if required, based on invoice provided by Mark-up % vendor COMPANY NAME SIGNATURE OF AUTHORIZED OFFICIAL PRINTED NAME OF AUTHORIZED OFFICIAL TELEPHONE NUMBER TITLE FAX NUMBER E-MAIL ADDRESS IN THE EVENT OF AN EMERGENCY, PLEASE PROVIDE PHONE NUMBER AND POINT OF CONTACT AVAILALABLE 24-HRS PER DAY CONTACT: PHONE NUMBER: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 Page 962 of 1675 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) being first duly sworn, deposes and says that: 1) He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me (Title) This day of , 20 My commission expires THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 Page 963 of 1675 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 120 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 964 of 1675 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 965 of 1675 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature 26 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 966 of 1675 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: 27 Page 967 of 1675 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, , the of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: TRENCH SAFETY ACT 28 Page 968 of 1675 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 29 Page 969 of 1675 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid No.: 021-2821-18/IT to "FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 30 Page 970 of 1675 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 4., Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX: (561)742-6316 ADDENDUM No. 1 DATE: May 24, 2018 BID TITLE: FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION BID NO.: 021-2821-18/IT This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Words in strikethreug4 type are deletions from existing text. Words in bold, underlined type are additions to existing text. 1. The bid opening date remains as June 14, 2018 at 2:30 PM. The location remains unchanged. 2. Utilities Standard Details W-10, W-11, W-15, and W-15A for typical water service installations are attached herewith as Attachment "A." 3. The following questions were submitted at the pre-bid conference/site visit or prior to the deadline and are hereby provided and responded to below: Q1: What are the approximate lengths, sizes and types of the PIPES to be Installed on the project? Al: Pipe sizes are %" to 2" water service lines and 6" ductile iron or PVC water mains. Lengths vary. Q2: Are there any portions of the project that will need to be Bored? Is it Open cut? A2: The scope includes installing water service lines by boring and/or open cut. Water main installation by open cut. Q3: How much is the cost estimate of the project? A3: The annual budget is estimated at $25,000. Q4: How much is the required bid bond for the project? A4: No bid bond is required. Q5: For the kind of Rehabilitation? A5: New and replacement water service lines and water mains. 1 Page 971 of 1675 Q6: Is it Heat cured or Light? CIPP? A6: No. Q7: You'll be using pipe televising or pipe cleaning? Before and after? A7: No. Q8: Do you have any further details you wish to provide? A8: Please refer to the Bid. Q9: In regards to the above referenced project, can you provide the budget or cost estimate? A9: The annual budget is estimated at $25,000. Q10: Also, is there a set start date or time frame in mind for when work should begin? A10: It is an annual contract for ongoing services. Q11: What is the Engineer's Estimate for this project? A11: The annual budget is estimated at $25,000. Q12: What are the quantities for all the items listed on the bid form? Al2: It is an annual contract for ongoing services, there are no exact bid quantities. Q13: What are the Plumbing Permit fee{s} for each home that needs connection from meter to home? A13: The cost of the Plumbing Permits for the connection from the meter to the home is approximately $80.00 per home and shall be paid by the awarded contractor. The City will reimburse the contractor for 100% of the actual cost of the permit, without markup. Q14: Is there a blanket Plumbing Permit fee that covers the entire project, or is there a plumbing permit fee for each home that requires a connection from the meter to the home? Either way, please provide fees. A14: There is no blanket Plumbing Permit; individual permits are required. The cost of the Plumbing Permits for the connection from the meter to the home is approximately $80.00 per home and shall be paid by the awarded contractor. The City will reimburse the Contractor for 100% of the actual cost of the permit, without markup. Q15: Please provide plumbing detail for the connection at the home. A15: Utilities Standard Details W-10, W-11, W-15, and W-15A for typical water service installations are attached for reference. The City does not have a Plumbing Detail for the connection at the home. The selected Contractor will be responsible for providing a detail to the Building Department for approval. Sincerely, i -11r 0" . —J�-0 Tim W. Howard Assistant City Manager -Administration Director of Financial Services cc: Finance/Procurement 2 Page 972 of 1675 The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P. O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561) 742-6310 FAX.- (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 1 FURNISH AND INSTALL WATER SERVICE CONNECTIONS AND RESTORATION BID NO.: 021-2821-18/IT RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE NAME OF COMPANY DATE 3 Page 973 of 1675 ATTACHMENT "A" - BID #021-2821-18/IT METER BOX BY ALL METERS & SERVICES SHALL DEVELOPER & BE IN A UTILITY EASEMENT METER BY DEPT. ROADWAY PAVEMENT cli W W > O O U > > Z X O O SEE NOTE 13 a a z v v � V) 14" RAD O O o co x 1" CURB STOP (MIN.) (MIN.) w M M WITH LOCKING WINGS o o O 3' 3' POLYETHELYNE (PREFERRED) OR COPPER SEAL BOTH ENDS OF SEE NOTE NO. 9 CASING WITH FOAM RUBBER SHORT 1" BRASS BALL CORP STOP SERVICES / AND TUBING (MINIMUM SIZE) DOUBLE STRAP TAPPING SADDLE N B C � LONG (NO DIRECT TAPS PERMITTED) SERVICES - A D 0 3 N DETAIL 'A' Q> L N NOTES- 0 1. CASINGS SHALL BE REQUIRED FOR ALL SERVICES CROSSING PAVED AREAS. 0 2. SUCCESSIVE TAPS INTO THE WATER MAIN SHALL BE SPACED A MINIMUM OF 18" OFFSET BETWEEN FITTINGS AND AT 45° FROM 0 THE CENTERLINE MAINS WITH GREATER THAN 30" OF COVER. (SEE DETAIL "A" ABOVE) 3. METER BOXES SHALL BE SET TO CONFORM TO FINISH GRADE. NO METER BOX SHALL BE SET IN SIDEWALK OR PAVEMENT 3 UNLESS APPROVED BY THE DEPARTMENT. 3 4. IF EITHER TERMINAL END IS LOCATED UNDER PAVEMENT, USE COPPER TUBING TYPE "K" WITH COMPRESSION FITTINGS. 0 T 5. POLYETHYLENE TUBING (ENDOT BLUE) SHALL BE SDR 9, COPPER TUBE SIZE. 6. ROTATE THE BALL CORP. STOP SO THAT THE OPERATING NUT IS ACTUATED FROM THE VERTICAL POSITION RATHER THAN THE o HORIZONTAL. 0 in 7. BOTH COPPER AND POLYETHYLENE TUBING SERVICE LINES SHALL BE CONTINOUS FROM BALL CORP. STOP TO CURB STOP WITH NO FITTINGS IN BETWEEN. 8. TAPPING SADDLES AND BALL CORP. STOPS SHALL HAVE AWWA INLET THREADS. m i 9. SCHEDULE 80 PVC CASING RECOMMENDED FOR ANY INSTALLATION UNDER PAVEMENT. 3" SCHEDULE 40 PVC MAY BE USED FOR AN OPEN CUT INSTALLATION WITH THE APPROVAL OF THE DEPARTMENT, CASING SHOULD EXTEND THREE (3) FEET BEYOND o EDGE OF PAVEMENT AND SIZED AS FOLLOWS: E' A. 1" SERVICE USE 3" CASING ((„ B. 1-1/2" SERVICE USE 3" OR 4" CASING E C. 2" SERVICE USE 4" CASING 0 10. SERVICE LINES SHALL NOT BE PLACED UNDER DRIVEWAYS. 0 11. MAXIMUM SERVICE LENGTH IS 100' TO METER. 0 0 12. INSTALLATIONS LARGER THAN 2" METER TO BE REVIEWED ON A CASE BY CASE BASIS. n 13. 1" BRASS NIPPLE TO EXTEND UP TO NO LESS THAN 2" OUTSIDE THE METER BOX. r BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO EFF.DATE SCALE 04/18 TYPICAL WATER SERVICE INSTALLATION PAGE NUMBER UTILITIES _ ENGINEERING DIVISION METER BOX BY DEVELOPER DOUBLE STRAP TAPPING & METER BY DEPARTMENT SADDLE WITH AWWA = 1" BRASS NIPPLE THREADS (TYPICAL) Q REQUIRED (TYP.) SEE NOTE 5 1" SERVICE LINE ® o 0 SINGLE SERVICE METER CURB STOP BALL CORP STOP PRIVATE PROPERTY 1 LIMIT OF DEPT. RESPONSIBILITY (PRIVATE SERVICE) I ROW OR EASEMENT LINE 1" LINE (TYPICAL) 2" TAP ONLY Z ® o g I 2" SERVICE M rn 3 L2 ® e "Y" BRAN7BRASS N COMPRESSION 3'-0" MIN. ppUBLE SERVICE 1" BRASS NIPPLE 3 REQUIRED (TYP.) i BALL CORP STOP SEE NOTE 5SEE DETAIL W-25 N 3'-0" MIN. NOTE: TRIPLE SERVICE SIMILAR o i 2" TAP ONLY 'o �p o M I MULTI—PORT "Y" Z z ® o BRASS CONNECTION g 2" SERVICE LINE 3 M I O 3 I o O o BALL CORP STOP J SEE DETAIL W-25 CO I 1" LINE (TYPICAL) o M I v c ® o QUADRUPLE SERVICE af g NOTES 1. AUTHORIZED SERVICE LINE MATERIAL: o A. IF EITHER TERMINAL END IS LOCATED UNDER PAVEMENT, USE TYPE "K" COPPER TUBING WITH COMPRESSION FITTINGS. o B. POLYETHYLENE TUBING SDR 9, COPPER TUBE SIZE. L N E 2. MULTIPLE SERVICE/METER INSTALLATIONS OF MORE THAN 4 METERS PER SERVICE AND SERVICE LINES LARGER THAN 2" IN ° DIAMETER SHALL BE HANDLED ON AN INDIVIDUAL BASIS. 3. NO FITTINGS BETWEEN BALL CORP. STOP AND METER CURB STOP ALLOWED WHEN USING POLYETHYLENE TUBING. 0 4. LOW RANGE EMS MARKER SHALL BE PLACED ABOVE THE SERVICE WYE & WIRED TO THE WYE. c ° 5. 1" BRASS NIPPLE TO EXTEND UP TO NO LESS THAN 2" OUTSIDE THE METER BOX. n 0 } BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO EFF.DATE SCALE 04/18 TYPICAL RESIDENTIAL WATER SERVICE PAGE NUMBER UTILITIES� _i ENGINEERING DIVISION 1 BY CONTRACTOR OR DEPARTMENT BY DEVELOPER (SEE NOTE 10 & 11 DETAIL W-15A) I I I R/W LINE FOR ROADS. BACK OF CURB/SIDEWALK OR EDGE OF DRIVEWAY FOR OTHERS. I I LIMIT OF MINIMUN — UNOBSTRUCTED SPACE. MIN. SETBACK FOR POWER I TRANSFORMER PAD I I GRASS "Ole, z `V AREAbi CORP. STOP , NI CUSTOMER SERVICE LINE �I I COMPRESSION I FITTING 12 �I ~I O D I �I 1-1/2" 01 Z POLY/COPPER SERVICE 18"MIN. w Q PIPE (SEE NOTE #6 I RPZ (SEE NOTE #1 0 m SHEET 15—A) ; DETAIL W-15A) I Q APPROVED METER BOX 0 a I AND (LID NOT SHOWN) j 3 i N ......—. --.--.--.--. i 1 I I 4'-8" VARIES L (n � .o PLAN 0 1-1/2" TO 2" ABOVE FINISHED GRADE IN METER TO BE SET BY DEPARTMENT GRASSED AREA. 0" IN o PAVED AREA. 3 3 r FINISHED GRADE J 1" BRASS NIPPLE REQUIRED X TYP. (SEE NOTE 14 W-15A) ° Q --------------- M 14" RAD. I.CUSTOMER SERVICE LINE m Z oco (MIN.) j iv 0 OPTION 2 ALL BUSHINGS OR REDUCERS 11 o SHALL BE BRASS o M IN GRASS AREA SECTION SERVICES E 2 CORP. STOP _ OPTION 1 0 CONTRACTOR ASSEMBLY CONSIST: UNDER PAVEMENT SERVICES STRAP SADDLE, BALL CORP., SERVICE LATERAL, LOCK VALVE, METER YOKE, ° STRAP SADDLE TAP WITH (SEE NOTE #3 DETAIL W-15A) CUSTOMER LINE & METER BOX o BALL CORP. STOP r BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO EFF.DATE POTABLE WATER SERVICE SINGLE 5/8" X 3/4" THRU 111 SCALE 04/18 UTILTIES' METER INSTALLATION DETAIL PAGE NUMBER ENGINEERING DIVISION NOTES- 1. OTES-1. ALL NON—RESIDENTIAL SERVICES, SERVICES FOR ALL BUILDINGS OVER THREE STORIES AND SERVICES WITH INDIVIDUALLY METERED WATER SERVICE TO HAVE RPZ BACKFLOW PREVENTERS AS APPROVED BY UNIV. OF SOUTHERN CALIFORNIA. A CERTIFICATION OF PROPER INSTALLATION SHALL BE PROVIDED FROM A LICENSED BACKFLOW PREVENTION TECHNICIAN WITHIN TEN (10) BUSINESS DAYS. A DUAL CHECK VALVE IS NOT REQUIRED FOR SERVICES WITH RPZ. 2. 12" MINIMUM CLEARANCE TO BE MAINTAINED BETWEEN METER BOX AND ANY OBSTRUCTION. 3. FOR JACK AND BORE INSTALLATION OF SERVICES UNDER EXISTING PAVEMENT AND SERVICES UNDER PROPOSED PAVEMENT USE MIN. 3" DIAMETER PVC SCH 80 CASING. END OF CASING TO BE SEALED WITH FOAM RUBBER. 4. SUCCESSIVE TAPS INTO THE WATER MAIN SHALL BE SPACED A MINIMUM OF 18" APART AND SHALL NOT BE ON A COMMON LINE PARALLEL TO THE LONGITUDINAL AXIS OF THE PIPE. 5. METER SHALL NOT BE PLACED IN SIDEWALK OR DRIVEWAY AREAS UNLESS APPROVED BY THE DEPARTMENT. 3 SERVICE LINES AND TAPS SHALL NOT BE PLACED UNDER DRIVES WHENEVER POSSIBLE. N 6. COPPER SHALL BE "TYPE K" CONTINUOUS AND SUITABLE FOR UNDERGROUND SERVICE WITH COMPRESSION FITTINGS, IF EITHER TERMINAL END IS LOCATED UNDER PAVEMENT. 0 7. MAXIMUM SERVICE LENGTH IS 100' TO METER. 0 8. BEDDING OVER SERVICE LINE OR CASING SHALL CONSIST OF FINE GRANULAR MATERIAL. UNSUITABLE IN—SITU to N MATERIALS SUCH AS MUCK, DEBRIS AND LARGER ROCKS SHALL BE REMOVED. 9. METER SERVICE WILL NOT BE INSTALLED UNTIL: r A. FORM BOARDS FOR DRIVEWAY AND/OR SIDEWALK ARE IN PLACE OR DRIVEWAY OR SIDEWALK IS IN PLACE OR "FINISHED GRADE" STAKE IS SET ADJACENT TO PROPOSED METER BOX LOCATION. 'o o B. "MINIMUM UNOBSTRUCTED SPACE" (AS SHOWN) IS PROVIDED. Q> z C. THE REQUIRED BACKFLOW PREVENTION DEVISE IS INSTALLED. N U) D. YOKE SHOULD BE CENTERED IN THE BOX, UPRIGHT AND FREE FROM DEBRIS. 0 3 E. LINE SHOULD BE TIED IN AT THE BUILDING & INSIDE THE METER BOX. WE MUST BE ABLE TO FLUSH i LINE UPON INSTALLATION. 0 10. METER TO BE SET BY THE DEPARTMENT AFTER APPROVED INSPECTION. J `- 11. THE DEVELOPER/PROPERTY OWNER OR ASSIGNEE SHALL BE RESPONSIBLE FOR INSTALLATION OF SERVICES BEYOND 0 PRESSURE TEST LIMITS AS SPECIFIED BY THE DEPARTMENT. 0 12. THREAD AREAS OF CORPORATION STOP AND OTHER FITTINGS SHALL BE SPIRAL WRAPPED WITH TWO WRAPS OF `" TEFLON TAPE. CORPORATION STOP SHALL NOT BE BOTTOMED OUT (1-3 THREADS SHOWING). AWWA TAPER THREAD IS REQUIRED. 13. LOW RANGE E.M.S. MARKER TO BE PLACED ADJACENT TO BALL VALVE AND 2" OPERATING NUT WITH VALVE BOXES. m m Q> 14. 1" BRASS NIPPLE TO EXTEND UP TO NO LESS THAN 2" OUTSIDE THE METER BOX. 15. EXPANSION NUTS & A24 ADAPTERS (IF REQUIRED) ARE TO BE PROVIDED BY THE CONTRACTOR FOR EACH METER. 0 L N E 0 m rn c O O V c O n 0 } BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO EFF.DATE POTABLE WATER SERVICE SINGLE 5/8" X 3/4" THRU 1" SCALE 04/18 UTILITIES' METER INSTALLATION DETAIL PAGE NUMBER ENGINEERING DIVISION . W E-1�5AIrll 6.M. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Approve an increase of$40,000 to the existing purchase order for sodium chloride with Morton Salt utilizing the previously approved Palm Beach County Bid No.16- 043/ZG which expires August 19, 2018. This will bring the total approved expenditure to $165,000 for the year. EXPLANATION OF REQUEST: Renewal Period: August 20, 2017 -August 19, 2018 The Utility uses salt at the East Water Treatment Plant to regerate the resin used in the recently installed MI EX process. On August 1, 2017 the City Commission approved the extension period of the PBC Contract No. 16043A with Morton Salt with an estimated annual expenditure of$125,000. During the renewal period Morton Salt changed their accounting system and caused extreme delays in the City receiving invoices. This has now been corrected and the City has received past invoices relating to this contract. The result is that staff anticipates spending more than the $125,000 for the renewal period and is requesting that the commission approve increasing the estimated amount by $40,000 to $165,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There have been no adverse impacts on water production at the East Plant. FISCAL IMPACT: Non-budgeted Funds will be found from within the overall Utility budget to cover this unplanned expenditure. To date expenses: FY 17/18 $120,000 ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 978 of 1675 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Approval of Extension Period Page 979 of 1675 Item Covershect Page I aft B.D. CONSENTAGENDA 811/2017 4DCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE.- 811/2017 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities as described in the written report for August 1,2017-"Request for Extensions and/or Piggybacks!'. EXPLANATION OF REQUEST: As required,the Finance/Procurement Department submits requests for award to the Commission;requests for approval to enter into contracts and agreements as the result of bid solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item' presented to Commission as pan of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal andlor extension individually and summarizing the information in a monthly report(as required). VENDOR(S) COMMODITYISERVICE RFP1BID RENEWAL TER NUMBER Konica Minolta Multifunction Products,_Printers, Piggyback State August 4,2017 thru Business Solutions Facsimile Equipment,Scanners, of Florida August 3,2018 Related Software,Supplies,and Contract No. Services 600-000-11-1 Florida Superior Aggregates,Top Soils and Piggyback City of August 19,2017 thru Sand,Inc.:Soil Tech Sands Margate Bid No. November 18,2017 Distributors,Inc. 2015-015 (NIGPSEFL Cooperative Contract) ManwSalt,Inc. Annual Supply of Sodium Piggyback Palm August 20,2017 thru Chloride(solar salt quality) Beach County August 19,2018 Contract No. 16043A Iron Container,LLC Annual Supply of Metal 059-2510- September 2,2017 thru Containers and Roll-Offs 16/JMA September 1,2018 Vehicle Maintenance Annual Supply of Aftermarket 052-1412- September 4,2017 thru Program;The Parts Automotive Parts,Accessories 161M FD September 3,2018 House;Bennett Auto; and Supplies Eagle Auto;Cold Air Palm Truck;Nextran; Annual Supply of OEM Service 053-1412- September 4,2017 thru Pays Pump:McNellus and Parts for Medium/Large 161MFD September 3,2018 Truck;Southern Heavy Duty Vehicles and Sewer Equipment Steve Moore Annual Supply of OEM Service 054-1412- September 4,2617ffiru Chevrolet;Al Packer; and Parts for Small and Light ISIMFD September 3,2018 Delray Motors Duty Vehicles and Equipment Calico;Clean All; Annual Supply of Cleaning 068-1412- October 5,2017 thru Dade Paper;Neeld Chemicals and Janitorial 16IMFD October 4,2018 Paper;Office Depot; Supplies Pyramid;Office Cart HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those bids,contracWagreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require now bids to be issued. STRATEGIC PLAN: Pane,p@qpf 1675 https.-//boyntonbear,h.novasagenda-com/AgendaWeb/CoverSheet.aspx?ItemID--2618 cl/7-5 6.N. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Approve utilizing Palm Beach County Contract# 150899 with Seacoast Embroidery Inc. and PRIDE Enterprises for the purchase of uniforms for general employees with an estimated annual expenditure of$30,000 and authorizing the City Manager to sign a contract with Seacoast Embroidery Inc. and PRIDE Enterprises. The Palm Beach County's procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Contract 150899 Term: June 21, 2018 to June 20, 2019 Contract 150899 is for shirts, pants and shorts. This approval will allow for the purchase of uniforms for the City's General Employees. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enable the City's General Employees to be outfitted with uniforms. FISCAL IMPACT: Budgeted Funds are budgeted and available for multiple accounts covering General Employees for the amount of $30,000. FY 15/16 expenditures were $26,506.74 FY 16/17 expenditures were $20,116.24 FY 17/18 expenditures to date are $25,031.08 ALTERNATIVES: To not approve utilizing the contract and issue our own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 981 of 1675 ATTACHMENTS: Type Description D Agreement Award Letters D Tab Sheets Tabulation Sheet D Other Pricing from Seacoast D Other Pricing from PRI D E D Other Complete Contract Page 982 of 1675 Nckl ORT Purchasing Department 50 South Military Trail,Suite I 10 June 18, 2018 Form L West Palm Beach,FL 33415-3199 (561)616-6800 Seacoast Embroidery, Inc. FAX: (561)616-6811 Ms, Jocelyn Kaufer www.pbcgov.comipurchasing 5893 S. Congress Ave. Atlantis, FL 33462 TERM CONTRACT#150899 Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for WORK Palm Beach County UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE based on: Board of County Commissioners 1XI SOLICITATION #1508991CC (Awarded Lots #1, #3, #6, #7 and #8) Melissa McKinlay,Mayor The term of this contract is 06/21118 through 06/20/19, and has an estimated dollar Mack Bernard,Vice Mayor value of$50,000.00, inclusive of all vendors awarded. Hal R.Valeche If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Paulette Burdick term of the contract, including any renewals or extensions thereof. Dave Kerner County User Departments will issue individual "Delivery Orders" against this SLeven L.Abrams address as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO Mary Lou Berger 680 XY0303050000000011 11). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted, In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bid/quoteiresponse must be exactly the same as it appears on the invoice and in the County's VSS system that can be Counq, AdininistrPtor accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AItSelfService. Failure to comply with the foregoing may result in a delay in processing payment. Verdenia C.Baker If you have any questions, please contact Colleen Cardillo at ccardill@pbcgov.org or (561) 616-6839. Sincerely, Tammy Smith Purchasing Manager c: Nicki Murphy, Water Utilities Amanda Ray, Facilities Development & Operations Chuck Michael, Department of Airports "An Equal Opportunity Vernetha Green,Water Utilities Affirmative Action Employer" I Michele Liska, Youth Services Todd Broadlick, Purchasing Warehouse File printed on recycled paper Page 983 of 1675 NCO ORI Purchasing Department 50 South Military Trail,Suite I 10 Form L June 18, 2018 West Palm Beach,FL 33415-3199 (561)616-6800 Prison Rehabilitation Industries & Diversified Enterprises, Inc. FAX: (561)616-6811 d/bla PRIDE Enterprises www,pbcgov,comlpurchasing Mr. Joseph G. Keen 223 Morrison Road Brandon, FL 33511 ME TERM CONTRACT #150899 Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners Palm Beach County ("County") is entering into a Term Contract with your company for WORK Board of County UNIFORMS & CLOTHING INCLUDING FIRE RESISTANT, PURCHASE based on: Commissioners Melissa McKinlay,Mayor [X] SOLICITATION #150899/CC (Awarded Lots #2, #4 and #51 Mack Bernard,vice Mayor The term of this contract is 06/21118 through 06/20/19, and has an estimated dollar value of$50,000.00, inclusive of all vendors awarded. Hal R.Valeche Paulette Burdick if applicable, Vendor shall maintain all insurance coverage(s) throughout the entire term of the contract, including any renewals or extensions thereof. Dave Kerner Steven L Abrams County User Departments will issue individual "Delivery Orders" against this contract as your authorization to deliver. The original invoice must be sent to the Mary LDu Berger address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY030305000000001 I I 11). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted, In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bidlquote/response must be exactly the same as it appears on the invoice and in the County's VSS system that can be accessed at h ttps:llpbcvssp.Co.calm-beach,f1.us/webapplvssp/AltSeifService. Failure to Verdenja C. Baker comply with the foregoing may result in a delay in processing payment, If you have any questions, please contact Colleen Cardillo at ccardill@pbegov.org or (561) 616-6839. Sincerely, Tammy Smith Purchasing Manager c: Nicki Murphy, Water Utilities Amanda Ray, Facilities Development& Operations "An Equal Opportunity Chuck Michael, Department of Airports Affirmative ACtion Employer" Vernetha Green, Water Utilities Michele Liska, Youth Services Todd Broadlick, Purchasing Warehouse File printed on recycled paper Page 984 of 1675 Page 1 of 3 EVALUATION FORM DATE: June 16, 2018 BUYER: COLLEEN CARDILLO REFERENCE #160899/CC TITLE: WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT KEYS FOR DEPARTMENT'S EVALUATION (KEYS 2, 3 and 4 ONLY): (2) RESPONSIVE AND RESPONSIBLE OFFERER MEETING SPECIFICATIONS (3) NOT RESPONSIVE AND/ OR RESPONSIBLE TO IFB/ RFQ (4) NOT TECHNICALLY EVALUATED/IN EXCESS OF DEPARTMENT'S FUNDING LIMITS LOT#1: SHIRTS, UNIFORM LIST OFFERERS FROM LOWEST TO HIGHEST TOTAL OFFER EVALUATION KEY ONLY (SEE ABOVE) PRIDE REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. $ 2,724.72 ( 3 ) d/b/a PRIDE ENTERPRISES UNIFORMS MANUFACTURING, INC. $ 3,670.00 ( 2 ) SEACOAST EMBROIDERY (SBE) AWARD $ 3,632.00 ( 2 ) DESIGNLAB, INC. $ 3,636.27 ( 2 ) LOT#2: SHIRTS,WORK LIST OFFERERS FROM LOWEST TO HIGHEST TOTAL OFFER EVALUATION KEY ONLY SEE ABOVE PRIDE REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. AWARD $11,417.26 ( 2 ) d/b/a PRIDE ENTERPRISES DESIGNLAB, INC. $12,384.20 ( 2 ) UNIFORMS MANUFACTURING, INC. $12,860.71 ( 2 ) SEACOAST EMBROIDERY (SBE) $13,139.16 ( 2 ) PALM BEACH EMBROIDERY USA, INC. (SBE) $17,674.66 ( 2 ) LOT#3: PANTS, MEN'S LIST OFFERERS FROM LOWEST TO HIGHEST TOTAL OFFER EVALUATION KEY ONLY SEE ABOVE PRIDE REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. $11,614.16 ( 3 ) d/b/a PRIDE ENTERPRISES UNIFORMS MANUFACTURING, INC. $13,611.87 ( 2 ) DESIGNLAB, INC. $13,794.86 ( 2 ) SEACOAST EMBROIDERY (SBE) AWARD $14,093.00 ( 2 ) Page 985 of 1675 Page 2of3 LOT#4: PANTS,WOMEN'S LIST OFFERERS FROM LOWEST TO HIGHEST TOTAL OFFER EVALUATION KEY ONLY (SEE ABOVE) PRIDE REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. AWARD $ 604.21 ( 2 ) d/b/a PRIDE ENTERPRISES UNIFORMS MANUFACTURING, INC. $ 630.44 ( 2 ) DESIGNLAB, INC. $ 669.42 ( 2 ) SEACOAST EMBROIDERY (SBE) $ 667.20 ( 2 ) LOT#5: SHORTS LIST OFFERERS FROM LOWEST TO HIGHEST TOTAL OFFER EVALUATION KEY ONLY (SEE ABOVE) PRIDE REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. AWARD $ 2,417.18 ( 2 ) d/b/a PRIDE ENTERPRISES DESIGNLAB, INC. $ 2,934.17 ( 2 ) SEACOAST EMBROIDERY (SBE) $ 3,432.60 ( 2 ) LOT#6: JACKETS LIST OFFERERS FROM LOWEST TO HIGHEST TOTAL OFFER EVALUATION KEY ONLY (SEE ABOVE) DESIGNLAB, INC. $ 1,646.02 ( 2 ) SEACOAST EMBROIDERY (SBE) AWARD $ 1,774.88 ( 2 ) PALM BEACH EMBROIDERY USA, INC. (SBE) $1,827.68 ( 2 ) LOT#7: FIRE RESISTANT PRODUCTS LIST OFFERERS FROM LOWEST TO HIGHEST TOTAL OFFER EVALUATION KEY ONLY (SEE ABOVE) PRIDE REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. $4,066.03 ( 2 ) d/b/a PRIDE ENTERPRISES DESIGNLAB, INC. SEACOAST EMBROIDERY (SBE) AWARD $4,438.00 ( 2 ) UNIFORMS MANUFACTURING, INC. $ 4,613.36 ( 2 ) DESIGNLAB, INC. $ 4,797.48 ( 2 ) Page 986 of 1675 Page 3of3 LOT#8 - BELTS LIST OFFERERS FROM LOWEST TO HIGHEST TOTAL OFFER EVALUATION KEY ONLY (SEE ABOVE) SEACOAST EMBROIDERY (SBE) AWARD $ 346.00 ( 2 ) PRIDE REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. $478.96 ( 2 ) d/b/a PRIDE ENTERPRISES DESIGNLAB, INC. $ 713.90 ( 2 ) If an offerer is deemed non-responsive, a detailed justification must be furnished below and / or attached. Generalities will not be accepted as sufficient justification. REMARKS: PRIDE REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. d/b/a PRIDE ENTERPRISES is non-responsive for Lot#1, Items#1 &#2—"or equal" products offered did not meet specifications; Lot#3, Item #6 —"or equal" product offered did not meet specifications. Page 987 of 1675 Page 18 RESPONSE PAGE RFQ #1508991CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT 110: SHIRI§, UNIFORM ITEM DESCRIPTION ANNUAL UNIT TOTAL NO. ESTIMATED UNIT QUANTITY PRICE OFFER 1. SHIRT, MEN'8, SHORT SLEEVE, TACT SQUAD M r#�8q(013, (01R EQUA�, as specified herein. Sizes 8—XL 115 EA $ LL,()—C) $ Sizes 2XL—6XL 50 EA C> Check one of the following- /OFFERING TACT SQUAD#9013 OR 0 OFFERING EQUAL PRODUCT f0FR/13RAND'OFFERED: MFR/BRAND NAME/PART/MODEL# 1 OFFERED?� (WIT SE FI1LCO IN) (tylFRIBRAND ond 1,jFR/j9RAND PARUMOOkL # OFFERED MUST MATCH TWF DESCRIPTIVE LITERA7t)RE PROVIDED jqy VLJNJ)CR, UNLESS OFFERINt THE SPECIFIED MANUFACTURE"RAND AND 2. SHIRT, MEN'S, LONG SLEEVE, TACT SQUAD #8003, OR EQUAL, or equal, as specified herein_ SizesS—XL 5 EA - 00 Sizes 2XL —6XL 2 EA $ Check one of the following, ZOIFFERING TACT SQUAP,�Q OR El OFFERING EQUAL PRODUCT MFP\IBRAND OFFERED: MFR/BRAND NAME/PART/MOIDEL# OFFERED;-rK1U*T EE-FILLFO1m (41FRISRAND and 10FRIBRAND PARMODEL # OFFEREO MUST MATCH ME DESCRIPM8 LITERATURE PROVIDED BY VENVOR, UNLESS OFPERING THE SPECIFIED 14ANUFACTURERIBRAND AND PARTIMODEL NUMBERS) pl! Urlit Pl'iCeS Should be within two(2)decimal points, It vendor's pricing exceeds tvo('2)decirnal points, Purchasing reserves the—right 0 i'0 ---J up or down accordingly. Continued... FIRM NAME: Page 988 of 1675 Page 19 RESPONSE PAGE RPQ #1508991CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONITRAC7 ITEM ANNUAL UNIT TOTAL NO, DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. SHIRT, MEN'S, LONG SLEEVE, PORT AUTHORITY#5646, OR EQUAL, as specified herein. Sizes S—XL � Sizes 2XL_4xL I Check one of the following: E OFFERING PORTAUTHORITY#5646 I OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAMEIPARTIMODEL# OFFERED: (MUST EE FILLED dNy (WRIBRAND and MFR BRAND PARTf ODEL # OFF)ERED MUST MATCH THe DESCRIPTIVE LITERATURE PROVIDED BY V"ENoop,, UN!-FSS OFrER1NO rHE SPECIFIED MANUFAGTUREP18r AND AND PART4WObEL NUMBERS) . SHIRT. WOMEN'S, LONG SLEEVE, PORT AUTHORITY#L646, OR EQUAL, as specified herein. Sizes S--XL Sizes 2;XL—4XL ISA $_41f-cx� 5 Chock rine of the fallowing: W/OFFERING PORT AUTHORITY#L646 OR 0 OFFERING EQUAL PRODUCT i MFR/BRAND OFFFRED: m.CUUIST BE FILLED try) MFR/BRAND NA.MEIPART/MODEL# OFFERED, s__._... i N, Mt&7 y.@ PILtFJ}4 --- i fWRIBRANt) end MFRIBRIIND PARTIMOD;EL t1 Orl1 rREO MUST MATCH THE DESCRIPTIVE LITERATURE= PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUI=ACTURERIRRAND AND PART17v7ODZL VVMD,BRS TOTAL OFFER LOT 91; $_ � All unit prices should bewithintwo(2)decimal paints. Vvendor's pricing exceeds two(2)decimal points, Purchasing resorves the right to round up or down accordingly. Gontinued.,, FIRM NAME: Page 989 of 1675 Page 20 RESPONSEPAGE REQ #1 50899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE.MISTANT, PORCHASE OF, TERM CONTRACT LOT #2: SHIRTS, WORK ITEM ANNUAL UNIT TOTAL No, DESCRIPTION ESTIMATED UNIT PRICE OFFER 1. _�_��2T 8� M VENS, 8�H 0 RT�SL E E V�E_� 6 6�01o � QUANTITY POLYESTER/35% COTTON, RED KAP 9,5P24, OR EQUAL, as specified herein. Sizes 8–XL 235 EA $ k1b $ 9"5-1 a).Jr� Sizes S-XL, Long Back Length, 1-1/2" 15 EA $ 1% Sizes 2XL–6XL 50 EA Sizes 2XL-4XL, Long Back Length, 1-1f2" 40 EA ChftaGk one of the following: J AFFERING Rr:D KAP#SP24 OR U OFFERING EQUAL PRODUCT MFR/BRAND OFFERED; 04(;*T BE FILLED INS MFRJBRAND NAME/PARTIMODEL# OFFERED: (MUST BE FILLED IN) Ma!'RISRAND stid WRISRAMI) PARTIA40DEL * OFFERED MUST PRATCH THO DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFP&?JA1G ME SPECIFIED MANUFAC TURC-RIBRAND AND 2. ,5)­­IjRTS, MEN'S, LONG SLEEVE, 65% POLYESTER/35% COTTON, RED KAP#SP14, OR EQUAL, or equal, as specified herein. Sizes 5 -XL 200 EA $ -55 $izas S–XL, Long Back Length, 1-1/2"M-IL 20 EA $ 15 Sizes 2XL-6XL )-*,-15-AL olr\\� 40 rz A $'16-S5 $ Sizes 2XL-4XL, Long Back Length, 1-112" 10 EA 8 $ Check one of the following: /OFFERING RED KAP#SP,14 OR 0 OFFERING EQUAL PRODUCT MFRiBRAND OFFERED: (NIVZ�T 9E1JLLE0 IN) MFR/BRAND NAME/PART/MODEL# OFFERED.- (W'UF_8E—FILJZ61N) (WRIBRAND and MFMBRAND PARTIMODel. # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED By Vr-NDOR UNLESS OFFERING YHESPECIFIED MANUFACIWERIDPAHD AND PARrAWDELNUMSERS) All unit pricss shoufd be within two(2)decimal point,;. If vondof's pricing excoods two(2)decimal points, Purchasing reserves the right to round up or down aocordingiy. Continued... FIRM NAME- Page 990 of 1675 Page 21 RESPONSE PAGE RFQ #1 50899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ANNUAL UNIT TOTAL 'IE S C R T 10 1,-1 ESTIMATED UNIT PRICE OFFER QUANTITY STTiRTS. MEN'S, SHORT SLEEVE, 100% TON, RED KAP #SC40, OR EQUAL, as D: 100 EA $ $ kt4ol5 Sizes S -XL, Long Back Length, 1-1/2" 10 EA $ 1.U10 $ Sizes 2XL - 3XL 5 EA $ -,ck5 Sizes 2XL - 3XL, Long Back Length, 1-1/2" 10 EA $_S6-00 Z�,_r'LRNG RED KAP #SC40 orc) to �N cwlc� vl.),_, S OR C1 OFFERING EQUAL PRODUCT yy OFFERED: 3 3 ' "F'R;BRAND NAME/PART/MODEL # OFFERED: (MUST BE RiLLED INj RSRAN0 and MFR BRAND PARTIMODEL # OFFERED MUST DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, T - QP "NU i� .ECP:�� !W, FACTURFRIBRAND AND T T ON, _ KAP 4TSC'30, OR EQUAL, as specified herein, S - XL 35 EA $ kU_ qs $ 3 X[_ Long Back Length, 1-1/2"M L-"r 15 EA $ $ Xt LA 9,5 01 15 EA $ $ Poac1, 9.!5 15 EA $ $ Check one of the following: /_ -_,F,1-ERING RED KAP #SC30 L R D,-O"T MFR/BRAND OFFERED: (MUST BE FILLED IN) iR/BRAND NAME/PART/MODEL# zria 41FRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTUREWBRAND AND PARTIMODEL NUMBERS2 re within two (2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right of 1675 Page 22 RESPONSE PAGE RFQ #1508991CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF,TERM CONTRACT ITEM ANNUAL— UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER 5. SHIRTS, MEN-S, SHORT SLEEVE, 100% QUANTITY POLYESTER, HARRINTON KEY WEST#M58O, OR EQUAL, as specified herein, ,5lzes 8–XL 36 EA A% $A-28 Sizes 2XL–4XL 15 EA -C Check one of the fallowing; W/OFFERING HARRBTON KEY WEST 1#M680 OR M OFFERING EQUAL PRODUCT MFR/aRAND OFFERED; (?AVST BE FILLED V) MFRIBRAND NAME/PART/MODEL# OFFERED: 140T BE FILLEG IN) (MFIVOPAND andAlFRIBRAND PARTMODEL 9 OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROWDJ��D By MDOP, UNLESS OFFERING THE 3PECtrIED MANUFAC TUREPIORAND AND I PARTIMODEL NUAT5ERS) SHIRTS, WOMEN'S, SHORT SLEEVE, 65% POLYESTER/ 5% COTTON, RED KAP#SP23, OR EQUAL, as specified herein, Sizes S–XL 10 EA $ Sizes 2XL–4XL 2 EA $ Check one of the following: ZOFFERING RED KAP#SP23 OR M OFFERING EQUAL PRODUCT MFR/13RAND OFFERED (MUST ElE FELLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED-,– (rATJ9T 9R P�LEO IN) eMFWSRAND, and WRIBRAND PARTIMODEL # 0FrERED MUST MA)rCH THE DESCRIPTIVE LITERATURE PROVIDED BY VEtJ00R, UNLESS OFFERING THE SPECIFIED MANWACTUREMBRAND AND PARWODEL NUMEER _S) All unit prices 00LIld be within two(2)decimal points, If vendor's pricing exceeds two(2)decimal points, Purcha5ing reserves the right to round up or down accordingly. Continued... FIRM NAMF', Page 992 of 1675 Page 23 RESPONSE PAGE RFQ #1 508991CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF,TERM CONTRACT ITEM ANNUAL UNIT TOTAL No. DESCRIPTION ESTIMATED UNIT SHIRTS, WOMEN'S, LONG SLEF.VE, 65% QUANTITY PRICE OFFER POLYESTER/35% COTTON, RED KAP 4SP1 3, OR EQUAL, as specified herein, Sizes 6-XL 5 EA Sizes 2X L-3XL 2 EA $ 31-nb Check one of the following: 0 OFFERING RED KAP#SP1 3 OR 0, OFFERING EQUAL PRODUCT PAFR/BRAND OFFERED: (MWI AE FILLED IN) MFR/BRAND NAME/PART/MODEL OFFFRFD (MUST BE FILLED IN) (AIrP1&F?AN0 and Ise WORANO PAPIVODEL tx OFFERED MUST A,7ATCH THE DESCRIPTIVE LITERATURE PROVIDED BYVENDOR, UNLESS OFFrRING 7HE SPECIFtED MANUFACrURERIBRAND AND PARTAWDELNUMBERS) TOTAL OFFER LOT#2: 41-Aa q___I All w-ot pries should be within two (2)decimal points if vendor's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly, Continued... :2 FIRM NAVE---5 Page 993 of 1675 Page 24 RESPONSE PAGE RFQ#150899/CC WORK UNIFORMS&CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#3: PANTS, MEN1,9, ITEM ANNUAL UNIT TOTAL NO. DESQRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY__ I- PANTS, MEN'S, INDUSTRIAL, LOW RISE, MODERN FIT, 66% POLYESTER/35%COTTON, RED KAP#PT22,OR EQUAL, as specified herein. Sizes 28 -38 QNksl\ 'b\'LC-'b 255 EA 50 Sizes 40-46 ov\X� 85 EA 19 V,3 $-1-n 00 Check one of the following, O/OFFERING RED KAP#PT22 OR El OFFERING EQUAL PRODUCT MFR/BRAND OFFERED-. (MUST KFILLEn 114) MFR/BRAND NAME1PART/MODr7[-# OFFERED, (MUST BE FILLED IN) (NM5RWV and MPRIBRAND PART/MODEL A OIFT- a?ED jW(J$T MATCH THE VCSCPJPMM UYEAAMW Pi OWDED BY VENDOR, UNLESS OffERNS ME SPEVRM MMUFACrURMWN1)AMD PARTIMODEL MUS SM 2- PANTS, MEN'S,WORK, PLEATED FRONT, 66% POLYF-$TF-RM%COTTON, RED KAP#PT32, OR EMAIL, or equal, as specified herein. Sizes 28-38 125 EA $ OLO.00 $ 'L6nc) Sizes 40-44 40 EA �00 Check one of the following: C3 OFFERING RED KAP OPT3-?. OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OrFERLD: 01LIST BE RUM IN) MFR/BRAND NAME/PART/MODEL# OFFERED, (MIJSTWFILLED R� (MPRmRAND and MRM3PAND PAR'MWODEL # OE() MUST MATCH THE VE$C4UPWE LITERATURE PROWDED BY VENDO)� UNLESS OFMMMO 7VE SPRICIRED M4NU,9AC7URa"RA1VD AND PARTARWELYyMaMg AM unit prices should be within two(2)decimal points. If vendors pricing exceeds two (2)decimal points,Purchasing reserves the tight to round up ordown scwWin9Iy, Continued,., FIRMNAME: Page 994 of 1675 Page 25 RESPONSE PAGE RF Q#150899/C/ C WORK UNIFORMS&CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF,TERM CONTRACT ITEM ANNUAL UNIT TOTAL T NO. DESCRIPTION ESTIMATED UNIT —P—,ANTSMEN'S, QUANTITY PRICE OFFER 3, EN'S,WRINKLE RESISTANT, PLAIN FRONT, 100%COTTON, RED KAP 4PC20, OR EQUAL, as specified herein, Sizes 28- 38 65 EA $ ag­00 $_11A,6rj Sizes 40—56 ( Navy Blue) 20 EA $ ,X8,50 $_'6X 0 Sizes 40—44 (Spruce Green) Check one of the following: OFFERING RED KAP#PC20 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE PLUP 114Y MFR/BRAND NAME/PART/MODEL A OFFERED, (MUST BE FILLED IN) (UNV8RAND and UP"RAND PARTIMODEL # OFfE5ke3 MOST MATCH THE DESCRIPTIVE LMERATURF PROVIDED BY VENDOR UNLESS OFFERING THE SMEWIED MAMUFACTURE"RAND AND PAR TIMOOD.E-1,NUMBERS) 4. PANTS, MEN'S, PLEATED FRONT, 100% COTTON, RED KAP#PC46, OR EQUAL, as specified herein. Sizes 28-38 15 EA $ (YD $_x�-1 Sixes 40 -44 2 EAQ�() Lp Chock one of the following: 13/0' FIFERING RED KAP#PC46 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST DO FILLED IN) MFR/BRAND NAME/PART/MODEL# OPFERED: (MFR/BRAND and WRISRAND PAWWOD8L # OFF9RE0 MUST MATCH THE DESCRIPTIVE' LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMOVEL NUMRkqS), All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two(2)decimal points, Purchasing reserves the right to round Lip or down accordingly. Continued... FIRM NAME: Page 995 of 1675 Page 26 RESPONSE PAGE RFQ #1 (�So,, 99/CC WORK UNIFORMS&CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OP, TERM CGNTRACT ITEM ANNUAL UNIT TOTALIVO. DESCRIPTION (ESTIMATED UNIT QUANTITY PRICE OFFER 5. PANTS, MEN'S, INDUSTRIAL, 65% POLYESTER/ 36%COTTON TWILL, RED KAP#FT20, OR EQUAL, as specified hereln. Sizes 28-88 5 EA S 1t - Sizes 40-54 2 EA Check one of the following: I 1OFFER1NG REQ MP#PT20 OR 13 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (W*4 i-FILLELIN) MFRIBRAND NAME/PART/MODEL# OFFERED: IQMU9f WFIQ W . (MSA and MRMM4HD P'ARMAYODEL # OFFERED MUST MATW THE DESMMI NE UTERATUPE PROWDED DY VENLXNZ UNLES'S 0FFEE1WNO TATE"COM lrTAAMUEAOTUftEt-2/KRAND AND PAR TINODEL N tta-1021 6. PANTS, MEN'S, BATTLE [TRESS, 65% POLYESTER/S5%COTTON, DROPPER BLEU 4P5201, OR EQYAL, as specified herein. Sizes S—XL 70 EA � A,60 $ 1u8() Sizes 2XL—4XL 15 EA $ W Check one of the following: C/h0FFERINC P4ROPPF,g13DU#FUQ1 OR D OFFERING EQUAL PRODUCT MFRIBRAND OFFERED: (MUST BFFI [N MFRIBRAND NAME/PARTIMODEL OFFEREDt (IAUSf MFILLM IN) (M RAND acrd MRWBRAND PART/MVDEL a OFFS} MUST MATCH THE DESMPTIVE WEPATUiRE PJ OWDED BY VENDOR UNLESS onF ur.;THE SPFCIFMED MANUFACTURERgRAND AND PMT1WDa MUMMERS.) TOTAL OFFER LOT#3: $ All unit prices should be within two(2)decimal points. If vendo❑ s pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down acoordingly. Continued... FIRM NAME: Page 996 of 1675 Page 27 RESPONSE PAGE RFQ #"15Q899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF,TERM CONTRACT LCT #4: PANTS,WTMEIT.$ _ ITEMANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT TUANTITY PRICE TOTER 1, PANTS, WOMEN'S, PLAIN FRONT, 100% "COTTON, RED KAP#P045, OR EQUAL, as specified herein. Sizes 4 14 5 EA $ ( ? $ Sizes 16 -24 2 EA $ GCS $ GCheck one of the following: Z'OFFERING RED KAP#PC45 OR El OFFERING EQUAL PRODUCT MPR/BRAND OFFERED: (IN,UBT 6E FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFRIBRAND and MFR/BRAND PART/MODEL # OFFERED MV'5T MATCH THE DE5CRJPTA/E UTaRATURE PROVA)CO BY VENDOR, UNLESS OFFERING THE SPECIFIES)MANUFACTURERIHRAND AND PART,1MODPL NUPvfBERSJ F2. PANTS, WOMEN'S, PLEATED FRONT, 5% POLYE8TER111% COTTON, RED KAP#PT"39, OR EQUAL, or equal, as specified herein. Sizes 4- 14 5 EA 9 I f Sizes 16 -22 2 EA $ Check one of the following: 1 E OFFERING RECD KAP#PT39 OR 0 OFFEPING EQUAL PRODUCT MFR/BRAND OFFERED: (A5[1ST BE FILLED IN) MFR/BRAND NAME/PAIRT/MODEL# OFFERED: )MLIgT BE FILLEO IR} (MFRISRAN,D &)Id MFIU PAND PARTIMOD£L, # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROWDED BY VENDOR, UNLESS OFFE'RIND THE SPECIFIED MANUFACTURERlSRAND AND PARTIMOD1E1.NUMSERS All it pries should be within two(2)decimal points, If vendor's pricing exceeds two(2)decimal paints, Purchasing reserves the right to round up or clown accordingly. Continued,,, FIRM NAME:- kg�CaC.SA `cG1 Page 997 of 1675 Page 28 RESPONSE PAGE RFQ#1 60899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF,TERM CONTRACT ANNUAL ITEM UNIT TOTAL DESCRIPTION ESTIMATED UNIT NO. QUANTITY PRICE OFFER 1 PANTS, WOMEN-S, INDUSTRIAL WORK, PLAIN FRONT, 65% POLYF-STFR/35% COTTON, RED KAP#PT11, OR EQUAL, as specified herein. Sizes 2- 14 5 EA $ Sizes 16-24 2 EA $ $ 11`A-kJQ0 Check one of the following; /OFFERING RED KAP#PT21 OR CJ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MV3T BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (WR(BRAND and MFRJRRAND PARTWOOEL & OFPEPED MUST MA'T'CH THE' DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLEss OFFERING THE$PECIFIFO AIANUFACTURERIBRAND AND NUMBERS) 14. WOMEN'S JLKN-Z,'RIND'KAP#PD63, OR EQUAL, as specified h5rein. Sizes 4- 14 5 EA $ Ok Sizes 16-22 2 EA $ $ U() Check one of the following: 4FFERINQ RED jS8P #PD63 OR 11 OFFERING EQUAL PRODUCT MFR/BRAND orPERED: (MUST 0 E FILLED rAFR/BRAND NAME/PART)MODEL OFFFRF6 (MUST BE FILLED IN) (fv7FRJ8RAND and WRIBRAND PAR'rIMODEL # OFFERED MUST MATCH ME DESCRIPTIVE LIMRATURE PROWDED BY VENDOR, UNLESS orFERiNG rHF SPECIFIFO MA NUFACTURF"PAND AND PARTIMODEL LIULMfg2S1_ TOTAL OFFER LOT#4: $ 651,90 A , unt prices should be within two(2)decimal points. If vendor's pricing exceeds two(2)decimal points, Purchasing reserves the right to round Gip or down accordingly. Continued... FIRM NAME: J Page 998 of 1675 Page 29 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#5. SHORTS ITEM ANNUAL UNIT TOTAL DESCRIPTION ESTIMATED UNIT QUANTITY PRICE OFFER 1. SHORTS, MEN'S, PLAIN FRONT, 100% COTTON, RED KAP#PC26, OR EQUAL, as specified herein, Sizes 28-42 5 EA $ %4-50 Sizes 44-50 2 EA Check one of the following; 2(OFFERING RED KAP#PC26 OR 0 OFFERING EQUAL PRODUCT ' MFR/BRAND OFFERED: MFR/BRAND NAME/PART/MQDEL# OFFFRED: (MUST BE RUED 11S (MFPJBRAND and WRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LIT�RATURE PROVIDED try VEnDop, UNLESS OFFERING THE SPECIFIED MANUPACNRERTIRAMD AND PARTIMODEL NUMBERS) 2. 9HORTS, MEN'S, MULTI-USE POCKET, PLAIN FRONT, 65% POLYE5TER/35% COTTON, DICKIES#LR642, OR EQUAL,or equal, as specified herein, Sizes 28-42 5 EA $ Sizes 44 - 50 2 EA 1 . Check one of the following: OFFERING DICKIES#LB542 OR 0 OFFERING EQUAL PRODUCT MFR/BNAND OFFERED: (MUST BE FILLERIN)) MFPJSRAND NAMF—/PART/MODEL# OFFERED: [MUST BE FILLED IN) (MFWDRAND &td MFRJBRAN0 PARTIMODEL # OFFEPED MUST LMATCH THE DESCRIP761VE L)TERATURE PROVIDED BY VENDOR, LJN,14C-SS OFPERING TNF SPECIFIED MANJ1FACTVRFR1aRANV AND t i APrIMOD,51,NUMOGP�) Ail unit prices should be w4hin two(2)decimal points, If vendor's prrcinq exceeds two(2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 999 of 1675 Page 30 RESPONSE PAGE RFQ #1 50899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF,TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. SHORTS, MEN'S, 5.11 TACTICAL TACLITE PRO #732a7, OR EQUAL, as specified herein, Sizes 28-38 45 EA $ LA 9-0C) 0 IS Sizes 43-44 15 EA $ LH-00 $ (0(3 Check one of the following, ZOFFERING 5A 1 TACTICAL#73287 OR D OFFERING 'EQUAL PRODUCT MFR/BRAND OFFERED: (MU-ST BE F1LLE3 IN) MFR/BRAND NAME/PART/MODEL# OFFERED, (MUST BE FILLED IN) 0FR18IRAND and MFRIBRAND PARTIM0,0EL 4 OFFERED MUST MATCH THE ,DESCRIPTIVE LITEWTURE PROVIDF0 BY VENDOR, UNLESS OPPEPINC ME SPECIP/tD MANUPACTURE"RAND AND PAR71MOPEL NUMBERS 4. SHORTS, WOMEN'S, 5.11 TACTICAL,TACLITF PRO #63071, OR EQUAL, as sperified herein. Sizes 28- 38 10 EA $ 21,-W Sizes 40-44 5 EA $ Chook one of the folIowinq: I AFFERING 5.11 TACTICAL#63071 OR M OFFERING EQUAL PRODUCT MPR/BRAN( OFFERED: (WeT BR KLIM IN IVFR/BRAND NAME/PART/MODEL OFFERED: (MFR/BRAND and MFPARAND PART/MODEL OFFERED MUST WATCH THE DESCRIPTIVE LJrERATIVRF PROVIDED By WNnOR, UNLESS OPIFERING THE SPECIFIED MANUFACTURkRVRAND AND PAR TIM000- TOTAL OFFER LOT#5: ... ......... All unit prices should be within two(2)decimal points, If vendor's pricing exceeds two(2)decimal—points,—Purchasing�reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1000 of 1675 Wage 31 RESPONSE PAGE R F Q# §M91CC_ WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOQ°#6: JACKETS ITEM ANNUAL. UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT QUANTITY PRICE OFFER 1. JACKET, "IKE", UNLINI=Q, EAGLE WORK CLOTHES#JLIDC, OR EQUAL, as specified herein. Sizes XS-XL 4 EA $ S)s $_� .C% Sizes 2XI -5XLx s Gni 2 EA $ lv Check one of the following: d OFFERING EAGLE WORK CLOTHES#JLIDC OR COFFERING EQUAL PRODUCT MFR/BRAND OFFERER: JT? (FAUST BEf111.f IN) MFRIBRAND NAME/PART/MODEL# OFFERED: LLmlfy (WROR4ND and M AND PARTr ODEL # OFFERED MUST MATCH THE DFSCMPWE LNTERATURE PRDVNDED BY VMDOR UNLESS OffFERING TFIE SPECIFIED MANUFACTtJi7E RAND AND P'ARTIMUDEL-NUN SERS _ 2. JACKET LINING, ZIP IN/ZIP OUT, EQUAL WORK CLOTHES #fLINERV, OR EQUAL, or equal, as specified herein, Sizes S-XL 2 EA $ i�k,00 $ i Sizes 2XL-•-4XL -3-4 ol-11� 1 EA $ aA•00 $ -G Check one of the fallowing: 13 OFFERING 1AL-WORK CLOTHES#LINERV OR dOFFERING EQUAL PRODUCT MFR/BRAND OFFERED:_1 a�O vkzr®s arum wy MFIR/BRAND NAME/PART/MODEL# OFFERED: Y SE Rwwm (MF?7/MAND and MF :Z4ND PARrAlUDE. 8 OFFERED ROUST MATCH THE DESCRIPTMIE LITERATURE PROVIDED BY VEJ DOR, UNLESS OFFERNG THE SPECKED MANUFACTUNER)MAND AND PART/MODEL NUMBER All unit prices should be within two(2)decimal points- If vendor's pricing exceeds two(2)decimal points, Purchasing reserves the right to roundup or down accordingly, Continued.., FIRM NAME: 5 O� 4 Yin Page 1001 of 1675 Page:32 RESPONSE PAGE R FQ#1508991GC WORK UNIFORMS F,CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF,TERM CONTRACT -R ITEM ANNUAL. w� UNIT TOTAL NO. OF-SCRIPTION ESTIMATED UNIT PRICE OFFER Vy` # QUANTITY J 3. ACKET, TEAM, 1000A NYLON, LINED,WfHOOD. PORT AUTHORITY#JP56, OR EQUAL, as specified herein. Sizes XS•-XL 30 EA ,v $ 1 Q 60 Sizes 2XL--,'3XI 10 EA $_ B/J0 $ S� j Sizes 4XL--6XL 2 EA $ 11'1-00 $ .C.J Check one of the following. ��i FFERING PORT AUTHORITY WP56 j OR 11 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: {MUST BE FILLED INS i MFR/BRAND NAME/PART/MODEL# OrF'ERE:D; (87FR/BRANU arra Mfl'?MRAND PART/MODEL II OFFERED MUST MATCH TN6 DESCRIPTIVE LITERATURE PROVIDED gY VENmon, UNLESS OFFERING THE SPECIFIED MANUPACTURE"PAND AND PART,7400EL NUM,9ERS) - TOTAL OFFER.LOT#6: All unit prices should be within two(2)decimal paints. If vendor's pricing exceeds two(2)decimal points, Purchasing reserves the right to round Lip or down accwdingly, Continued... FIRM NAME: ` O�COCa � Y Page 1002 of 1675 Page 33 RESPONSE PAGE RFQ#L50899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF,TERM CONTRACT LOT#7-. FIRE RESISTANT PRODUCTS I ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. JEANS, DENIM, BULWARK#PEJ4DW, OR EQUAL, as sppoified herein, Sizes 28 -40 Sizes 42 -48 35 EA $__��. Su Check one of the following; 2 EA -_00 /OFFERING BULWARK#PEj4DW OR IFFERING EQUAL PRODUCT MFR/BRAND OFFEREL).- (MV*T VE FILLED IN) MFR/BRAND NAME/PART/MOQEL# OFFERED: (MUST BE FILLED INE (MFPIBRAND 9nd ATFR48RAND PARTMOVEt- # OFFERED MtP4T MATCH THE 0F80RIPTIVE L1TkRAj-URF PROVIDED By vFNDOR UNLESS OFFERING THE SPECIFIED MANUFACTUREMBRAP10 AMD PARTIMODEL NUMBERS) 2. 1 PANTS, WORK, INDUSTRJAI,, FULL CUT, BULWARK#PEW2KH, OR EQUAL, or equal, as specified herein. Sizes 28-40 5 EA U-`50 Sizes 42 -48 1 EA $__t5 t)0_ Check one of the following: K"OFFERING BU LIWff#PEW2KH R 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (14087OIE FILLED Int)_ MFR/BRAND NAME/PART/MODEL 4 OFFERED: (YM BE FILLED IN) �WFrVBRAND and WRISRAND PARTIA40DEL # OFFERED ML18T AIATC-Il THE DESCRIPTIVE UTERATURE PROVIDED BY VENDOR, wo-FSS oFFeRwr. -rHE spmFiEi)MANUFACTURkRAND AND NUMBERS) All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two(2)decimal poinW, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1003 of 1675 Page 34 RESPONSE PAGE RFQ #1508991CC WORK UNIFORMS&CLOTHING,INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER 3. SHIRTS, WORK, LONG SLEEVE, BUTTON QUANTITY FRONT, BULWARK#SLU2LB, OR EQUAL, as specified herein, Sizes S—XL 15 EA $ 4)0 Sizes 2XL—3XL 2 EA $ 00 00 $ I"jo.0c) Check one of the following: 2/OFFERING BAYVARK#SLU2LB OR 1-1 OFFERING EQUAL PRODUCT MFR/5RAND OFFERED: (MUST ut F71UED IN) MFR/I3 RAND NAME/PART/MO DEL# OFFERED: ;MUST EE FILLED 1k) (1417 "AND and WRI.RRAND PARI'/MODEL & OFFERED MUST MATON ]HE DESCRIPTIVE UTCRATURE PROVIDED OY VENDOR, UNLESS OFFERING THE SU`EGIFIED MANUFACrURE"RANO AND PAPMWODEL NUMBERS} 4. JACKETS, BOMBER STYLE, DUCK LINED, BULWARK#JL8860, OR ;EQUAL, as specified herein. Sizes S—XL 5 EA $ � -00 $ -15c) Sizes 2XL—3XL 1 EA U 5,0() Check one of the following'. E/ OFFERING BULWARK#JLB88D OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST Or:P,LLED 114) MFR/BRAND NAME/PART/MODEL# OFFERED- (ML19T RE FILLED IN) (Mr-RIBRAND Aild MFWBRAND PAPrAlODEL 0 OFFERED MUST MATCH THE DESCRIP77VE UTERATZIRE PROVIDED BY VENDOR, UNLESS OFFEPING THE SPECIFIED MANUFACTUREPIRRAND AND PARTIMODEL NUMBERS) All unFt ,rices snioulct be within two(2)decimal points. If vendor's pricing exceeds two(2)decimal points, Purchasing reserves the right to round up or down acoordinoiy. Continued— FIRM NAME: Page 1004 of 1675 Page 35 RESPONSE PAGE RFQ#15(1$99/CC WORK UNIFORMS &CLOTHINO, INCLUDING FIRE RESISTANT, PURCHASE, OF,TERM CONTRACT ITEM � ANNUAL UNIT TOTAL..._.. NO. DESCRIPTION ESTIMATED UNIT QUANTITY PRICE OFFER 5, JACKETS, LINED BOMBER, BULWARK#JLJBNV, OR EQUAL, as specified herein. Sizes S—Xl- 3 EA $ �'a�,UU $�� ? Sizes 2XC,�-XXL 1 EA $ � `�i 0•GCS $ � L.� C� Check one of the following: I OFFERJNG BULWARK#JLJ8NV OR i El OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) IVI R/BRAND NAMEIPART/MODEL f# OFFERED: C (MUST BE.FILLED IN) (MMSIRAND srld MFR jRRAND PART/MODEL # OFFERED MUST MATCH THE PESCRIP)IWE LITERATURE PROVI.D,,-D BY VENDOR, UNLESS 4P-MNu^ THE SP.ECIF'IECI MANUFACTURER/'BRAND AND PARMM b,-L NUMBERS) 6. HOOD(For Item#5), BULWARK#FILH2RS, OR EQUAL, as specified herein, One Size I EA $ 0b $ I Check one of the following: A'OFI=ERINO 13ULWARK#HLH2 B OR ® OFFERING EQUAL PRODUCT i MFR/8RAND OFFERED; (MUST BE FILLED IN) MFR/8RAND NAME/PART/MODEL# OFFERED; (MUST BE FILLED IFN AIMBPAND ena MrR/BRAND PARTWOI)Fl, # OFFERED MUST MATCH THE DESCRIPTIVE L;TFRAT'URH PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIrtED MANUFACTURER03RANA AND PARTIMODEL NUHIBEIZS f TOTAL OFFER LOT##7: $ Lli,4 QQntinued— FIRM NAME: Page 1005 of 1675 Page 36 RESPONSE PAGE RFQ#150899/CC WORK UNIFORMS&CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#8.- BELTS ITEM ANNUAL UNIT TOTAL No, DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. BELT, BALLISTIC, NYLON, UUTYMAN #750, OR EQUAL, as specified herein, Sizes S.—L 10 EA $ Sizes XL—3XL Check one of the following- 5 EA $ LA Xj 0 0 OFFERING DUTYMAN #750 OR ar/oFFERING EQUAL PRODUCT MFR/BRAND OFFERED: T0.0 (VIUUT BE FILLED IIV MFR/8RAND NAME/PART/MODEL# OFFERW.- ]mc)o\ (MUST SE FiLLEO IN) (MFR16RAN9 ancl WMBRANO PARTIMOD&L 9 OFFERED MUST POATCH THE DESCRIPTIViE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING YHE SPEMICD MANUrACIVRE'RMRAND AND PART-IM008L NUM89PS) Continued... FIRM NAME: Page 1006 of 1675 Page 37 RESPONSE PAGE RFQ #150899106 WORK UNIFORMS&CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF,TERM CON-TRACT ITEM ANNUAL UNIT TOTAL NO, DESCRIPTION ESTIMATED UNIT PRICF OFFER QUANTITY 2. BELT, LINER, INNER, DUTYMAN #751, OR IMUAL, as specified herein, Sizes 6—L 10 EA $ $ Oko Sizes XL—3XL 5 EA $ Check one of the following: 0 OFFERING DUTYMAN 4751 OR E/OFFERING EQUAL PRODUCT MFR/BRANT) OFFERED: y Sr),tx--a (MUST BE ALLEV INIJ - MFR/BRAND NAME:/PART/MODEL OFFERED: 'T� Rko (KIU,%T BE FILLEV IN) (MFqjqRANO ""d MrMRAN0 PAR'MMODEL 0 OFFERED MUST MATCH THE DESCRIPTWE LITERATURE PROVIDED BY VENDOR UNLESS OFFERING THE SPECIFIED MANUFACTUREMRAND AND PARTIMODEL NUMBERS) TOTAL OFFER LOT#8: L_$_3'A j All unit prices should be within two(2)declri@l points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down acoordingiy. Acknowledge Information and Descriptive Literature is attached and that the man ufacturerlb rand and part/model number offered niat0has the descriptive literature provided by vendor, per Term &Condition#45? YLVINITIAL PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR RFQ) By signature on this document, vendor acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the QQunty'r, RFQ solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to the submission time, Per(3eneral 1-erm and Condition#33, if vendor is a Joint Venture for the goods/services described herein, vendor shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. FIRM NAME: (Enter the entire legal name of the quoting entity) DATE: NAME: * SIGNATURE, 0PRINTPRINTTITLE:TIT as ADDRESS: - GITY/STATE; ZIP CODE- J�,,Atp-a TELEPHONE# (5U\ E-MAIL: TOLL FREE # FAX ) APPLICABLE LICENSES #; TYPE: FEDERAL ID# Page 1007 of 1675 Page 38 DRUG-FREE WORKPLACE CERTIFICATION RFQ#1 508991CC IDENTICAL TIE L3jQ,§/qg0TE$ - In accordance with Section 287.087, F,$,, a preference shall be given to vendors submitting with their bids/quotes the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however,that any preference given pursuant to Section 287,087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article 111, Sections 2-80.21 thru 2.80.34. In the event tie bidsiquotes are received from vendors who have not submitted with their bids/quotes a completed Drug-Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bldsfquotes. This Drug-Free Workplace Certification form must be executed and returned with the attached bid/quote, and received on or before the published,bid/quote submission deadline to be considered. The failure to execute andfor return this certification shall not cause any bid/quote to be&erned non-responsive. Whenever two (2) or more bids/quotes which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid/quote received from a business that certifies that It has, implemented a drug-fred workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) inform employees about the dangers of drug abuse In the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be Imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number(1). (4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo, contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such Is available In the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through Implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by 3CO 0-VW\ %ml—1( the (Indlvk uars Name) Of It (Title/Position with CorinpadyNandor) (Name of CompaAyNendor) who does hereby certify that said Company/Vendor has implemented a drug-free workplace program which meets the requirements of Section 287,087, Florida Statutes,which are identified in numbers (1)through (6)above, n,_�AL_ Signature Date V Page 1008 of 1675 Page 39 CERTIFICATION OF BUSINESS LOCATION RFQ #1508991CC In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to; (1) quoters having a permanent place of business in Palm Beach County("County') or(2) quoters having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades, To receive a local preference, quoters must have a permanent place of business within the County or the Glades,as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the quoter to provide the goods/services being solicited by the County, and will be used to verify that the quoter had a permanent place of business prior to the issuance of the solicitation. The quoter must submit this Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of quote submission, The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the quoter to not receive a local preference. In instances where the quoter is exempt by law from the requirement of obtaining a Business Tax Receipt, the quoter must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the quoter had a permanent place of business within the County or the Glades prior to the data of issuance of the solicitation. The County hereby retains the right to contact said quoters for additional information related to this requirement after the quote due date. E. QU t , a! 07 Local Business: A local business has a permanent place of business in Palm Beach County. 4C (PI ndicate). Headquarters located in Palm Beach County Permanent office or Q her site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services, Glades Business-, A Glades business has a permanent place of business in the Glades, (Please indicate): Headquarters located�n the Glades Permanent office or oher site located in the Glades from which a vendor will produce alubstantial portion of the goods or services, 11. The attached copy of quotor's County Business Tax Rec6i'pt verifies quoter's permanent place of business. CERTIFICATION is submitted by �o M- kw-\ as (Name of Individual) �Q�kmlf &=Ynce tQsy j _V of 5t2c2QG� (Title/Position) (Firm Name of quoter)j who hereby certifies that the information stated above i I s true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the quoter on this Cerfliption will be considered an unethical business practice and be grounds for sanctions agaiAf ure County business with the quoter, (Sin e) (Date) Page 1009 of 1675 > U) 4--0 - L- (X tU 4-4 E . 0 M a) (A -- Z� ntC? L 0 0 t7 C35 G cL (n 00 b do k � L C) t 0 c V) C5 3 Ocl 0- dp0 'F- (OL CL Page 1010 of 1675 0 0 0 0 TO- 12 Ell W ca Leo-- u5 cr 0 cr 2 0 2i Page 1011 of 1675 Form WW AMENDMENT M [dated; APRIL 12 21418 PALM BEACH COUNTY PURCHASING DEPARTMENT 50 SOUTH MILITARY TRAIL, SUITE 110 WEST PALM BEACH, FLORIDA 33416.3180 RFQ M, 15(1898{CC TITLE: WORK UNIFORMS & CLOTHING, INCLUDIN FIRE RESISTANT, PURCHASE OF, TERM CONTRACT SUBMISSION DATE: APRIL 18 ,2018 REFERENCE SPECIAL CONDITIONS, PAGE 8, ADD THE OLLOWING ITEM: 4$, PRODUCT SUPITIl UTION After award, if an Item b6comes discontinued by the manufacturer, s ccessful vender $tall provide proof from the manufacturer in order to remove such item from the contract. Substitutioni shall not be made without prior written consent from Palm Beach County, Product substitution shall meet or exceed.the d scontinued item at no additional charge. NOTE: Please acknowledge receipt of this amendment by signing and returning with your Response. FAILURE TO RETURN THIS AMENDMENT SHALL RESULT IN REJECTION OF YOUR RESPONSE, LA COMPANY NAMEJ SI ATURE 1 DATE COALEEN M. CARDILL , SENIOR BUYER TAMMY SMITH, CHASING, MANAGER I Page 1012 of 1675 t yy 5893 South Congress Ave Atlantis, F133462 Phone: (561) 43 -8005 Fax: (561)439-8o6 Uarfpyrns mbrvrd'cry Sa1esSeacoastUnifQxm ,com ww.w.SeacoastUniforms.corn TO: ca `lleclt�1 .-____R-_-_ ----- .. __ �x = � 1 c -FAX NUMBED: O y- ... .__ /17�T .. _ . � . r dd .4V�,✓. .LA A y k..leV� VVL'li • - _ •• - -------- ---------------------- --------------- -_- ... 'HONE NTBER ............. 0 E - - - -, ------ -..-----_ -- ...----- ��1NI7�R,�RE�'ERtaN`CE NUMBER: _ - --- - _ )UR RE RENCffitI1M Kj. .... ...... ...... . .... ... ......... . Y- - -------------- pzs c . . -................... . .. ------- ---------------- COMMENTS: - CO MENTS: .. Seacoaet Uxiffcarms Seacoastcxras;'ax�an Seacoasturdforuls 9eeteoas :amore Seacoast Tse Page 1013 of 1675 Page 18 RESPONSE PAGE RFQ #1 50899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#11: SHIRTS, UNIFORM ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. SHIRT, MEN'S, SHORT SLEEVE, TACT SQUAD #8013, OR EQUAL, as specified herein. Sizes S—XL 115 EA $ 14.00 $ 1,610.00 Sizes 2XL—6XL 50 EA $ 14,00 $ 700.00 Check one of the following: 0 OFFERING TACT SQUAD#8013 OR e'OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: Horace Small (MUST BE FILLED IN) MFR/BRAND NAME/PARTIMODEL# OFFERED: SP46 (MUST BE FILLED IN) (MFR18RAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND - PART/MOOEL NUMBERS) 2. SHIRT, MEN'S, LONG SLEEVE, TACT SQUAD #8003, OR EQUAL, or equal, as specified herein. Sizes S—XL 5 EA $ 15.00 $ 75.00 Sizes 2XL —6XL 2 EA $ 15,00 $ MOO Check one of the following-, EJ OFFERING TACT SQUAD#8003 OR e- OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: Horace Small (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED,- SP36 (MUST HE FILLED IN) fMFRIBRAND and MFR/BRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL NUMBERS) All unit prices should be within two(2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly, Continued— FIRM NAME. Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1014 of 1675 Page 19 RESPONSE PAGE RFQ #1 508991CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. SHIRT, MEN'S, LONG SLEEVE, PORT AUTHORITY#5646, OR EQUAL, as specified herein. Sizes S—XL 5 EA $ 20.98 $ 104.90 Sizes 2XL—4XL 2 EA $ 24.98 $ 49.96 Check one of the following: I OFFERING PORT AUTHORITY#5646 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL # OFFERED: W$T BE FILLED IN) (MFR/BRAND and MFRIBRAND PARTIMOOEL # OFFERED MOST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND NUMBERS) 4. SHIRT, WOMEN-S, LONG SLEEVE, PORT AUTHORITY#L646, OR EQUAL, as specified herein, Sizes S.—XL 5 EA $ 20.98 $ 104.90 Sizes 2XL—4XL 2 EA $ 24.98 $ 49.96 Check one of the following.- OFFERING PORT AUTHORITY#L646 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL # OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFR/BRAND PARTIMOOEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS)__ TOTAL OFFER LOT#1: $ 2,724.72 All unit prices should be within two(2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1015 of 1675 Page 20 RESPONSE PAGE RFC! #150899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#2: SHIRTS, WORK ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. SHIRTS, MEN'S, SHORT SLEEVE, 65% POLYESTER/35% COTTON, RED KAP#SP24, OR EQUAL, as specified herein. Sizes S —XL 235 EA $ 9.44 $ 2,218.40 Sizes S —XL, Long Back Length, 1-1/2" 15 EA $ 10.94 $ 164.10 Sizes 2XL—6XL 50 EA $ 12.44 $ 622.00 Sizes 2XL—4XL, Long Back Length, 1-112" 40 EA $ 12.44 $ 497.60 Check one of the following: . OFFERING RED KAP#SP24 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAMEIPART/MODEL# OFFERED: IMUST BE FILLED IN) WRIBRAND and MPRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURE (BRAND AND PARTIMODEL NUMBERS) 2. SHIRTS, MEN'S, LONG SLEEVE, 65% POLYESTER/35% COTTON, RED KAP#SP14, OR EQUAL, or equal, as specified herein, Sizes S —XL 200 EA $ 11.44 $ 2,288.00___ Sizes S —XL, Long Back Length, 1-1/2" 20 EA $ 15.44 $ 308,80 Sizes 2XL—6XL 40 EA $ 15,44 $ 617,60 Sizes 2XL—4XL, Long Back Length, 1-1/2" 10 EA $ 15.44 $ 154.40 Check one of the following: ell"OFFERING RED KAP#SP14 OR 11 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED! (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL 9 OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMOVEL NUMBERS) All-unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME. Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1016 of 1675 Page 21 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. SHIRTS, MEN'S, SHORT SLEEVE, 100% COTTON, RED KAP #SC40, OR EQUAL, as specified herein. Sizes S —XL 100 EA $ 14,55 $ 1,455.00 Sizes S —XL, Long Back Length, 1-1/2" 10 EA $ 16.50 $ 165.00 Sizes 2XL—.3XL 5 EA $ 18.88 $ 94.40 Sizes 2XL—3XL, Long Back Length, 1-1/2" 10 EA $ 20.88 $ 208.80 Check one of the following: OFFERING RED KAP#SC40 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST SE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED. - (PAILST BE FILLED IN) (MFRIBRAND and MFRIBRAND PART/MODEL 4 OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS) 4. SHIRTS, MEN-S, LONG SLEEVE, 100% COTTON, RED KAP #SC30, OR EQUAL, as specified herein. Sizes S —XL 35 EA $ 14,88 $ 520.80 Sizes S —XL, Long Back Length, 1-112'" 15 EA $ 17.44 $ 261.60., Sizes 2XL—3XL 15 EA $ 19.44 $ 291.60 Sizes 2XL—3XL, Long Back Length, 1-1/2" 15 EA $ 21.88 $ 328.20 Check one of the following: Ie- OFFERING RED KAP#SC30 OR D OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST 13C FILLED IN) MFR/BRAND NAMEIPART/MODEL# OFFERED: (MUST BE FILLED IN) (MFRIBRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER18RAND AND PARTIMODEL NUMBERS) All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DB&_PRIP,E Enterprises� Page 1017 of 1675 Page 22 RESPONSE PAGE RFQ #1 508991CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER -1 QUANTITY 5. SHIRTS, MEN'S, SHORT SLEEVE, 100% POLYESTER, HARRINTON KEY WEST#M580, OR EQUAL, as specified herein, Sizes S—XL 35 EA $ 18,95 $ 663.25 Sizes 2XL—4XL 15 EA $ 22.95 $ 344.25 Check one of the following: AFFERI NG HARRI NTON KEY WEST#M580 OR 171 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: MUST BE FILLED R (MFRIBRAND and MFR/BRAND PARTIMOOEL#OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL NUMBERS) 6. SHIRTS, WOMEN'S, SHORT SLEEVE, 65% POLYESTER/35% COTTON, RED KAP #SP23, OR EQUAL, as specified herein. Sizes S—XL 10 EA $ 10.23 $ 102.30 Sizes 2XL—4XL 2 EA $ 11.95 $ 23,90 Check one of the following: (OFFERING RED KAP #SP23 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL NUMVERS All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued... p FIRM NAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DPA: PRIDE Enterrises Page 1018 of 1675 Page 23 RESPONSE PAGE RFQ #1 50899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 7. SHIRTS, WOMEN'S, LONG SLEEVE, 65% POLYESTER/35% COTTON, RED KAP#SP1 3, OR EQUAL, as specified herein. Sizes S—XL 5 EA $ 11.50 $ 57.50 Sizes 2XL— 3XL 2 EA $ 14.88 $ 29.76 Check one of the following'. VV COIFFERING RED KAP #SP13 OR El OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL # OFFERED: (MUST BE FILLED EN] (MFR/BRAND and MFRIBRAND PARTIMODEL 4 OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PARTIMODEL NUMBERS) ............­­.............. TOTAL OFFER LOT #2: $ 11,417.26 __j All unit prices should be within two (2) decimal—points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued_ FIRM NAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1019 of 1675 Page 24 RESPONSE PAGE RFQ #1 50899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#3: PANTS, MEN'S ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1 PANTS, MEN'S, INDUSTRIAL, LOW RISE, MODERN FIT, 65% POLYESTER/35% COTTON, RED KAP#PT22, OR EQUAL, as specified herein. Sizes 28- 38 255 EA $ 14.45 $ 3,684.75 Sizes 40-46 85 EA $ 16.45 $_1,398.25 Check one of the following: OFFERING RED KAP #PT22 OR Cl OFFERING EQUAL PRODUCT MFRIBRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MVST BE FILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL III OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS) 2,_ 'PANTS, MEN'S, WORK, PLEATED FRONT, 65% POLYESTER/35% COTTON, RED KAP#PT32, OR EQUAL, or equal, as specified herein. Sizes 28 - 38 125 EA $ 16.55 $ 2,068.75 Sizes 40 -44 40 EA $ 18.99 $ 759.60 Check one of the following: OFFERING RED KAP#PT32 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED INI MFR/BRAND NAME/PART/MODEL# OFFERED: WUST BE FILLED IN) (MFRIBRAND and MFRIBRAND PART/MODE!. # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL_EA D All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1020 of 1675 Page 25 RESPONSE PAGE RFQ #1 508991CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. PANTS, MEN'S, WRINKLE RESISTANT, PLAIN FRONT, 100% COTTON, RED KAP #PC20, OR EQUAL, as specified herein. Sizes 28 - 38 65 EA $ 17.00 $_1,105 00 Sizes 40— 56 ( Navy Blue) 20 EA $ 18-80 $ 376.00 Sizes 40—44 (Spruce Green) Check one of the following: OFFERING RED KAP #PC20 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST HE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUS r 8E PILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL III OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL NUMBER 4. PANTS, MEN'S, PLEATED FRONT, 100% COTTON, RED KAP #PC46, OR EQUAL, as specified herein. Sizes 28 - 38 15 EA $ 19.88 $ 298.20 Sizes 40 -44 2 EA $ 21.88 $ 43,76 Check one of the following-, AFFERING RED KAP #PC46 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (OUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED, - (MUST BE FILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL NUMBERS) All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round Lip or down accordingly. Continued... FIRM NAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1021 of 1675 Page 26 RESPONSE PAGE RFQ #1 50899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM T, ANNUAL UNIT TOTAL NO, DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 5. PANTS, MEN'S, INDUSTRIAL, 65% POLYESTER/ 35% COTTON TWILL, RED KAP #PT20, OR EQUAL, as specified herein. Sizes 28- 38 5 EA $ 13.55 $ 67.75 Sizes 40- 54 2 EA $ 13.55 $ 27,10 Check one of the following.- OFFERING RED KAP #PT20 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MOST 9E FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED INr (MFRIBRAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL NUMBERS) 6. PANTS, MEN'S, BATTLE DRESS, 65% POLYESTER/35% COTTON, PROPPER BDU #F5201, OR EQUAL, as specified herein. Sizes S—XL 70 EA $ 21.00 $_1,470.00 _470.00 Sizes 2XL—4XL 15 EA $ 21.00 $ 315.00 Check one of the following'. 0 OFFERING PROFFER BDU #F5201 OR ,OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: Propper (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED:F5250 Zip Fly(for S-3XL), Propper 5201 (for 4 (L) (MUST BE FILLED IN) (MFRIBRAND and MFRJBRAND PARTIMODEL N OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PA R TIM 0 D E L NUMBERS} TOTAL OFFER LOT #3; $ 11,614.16 1 1 All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. DBA: PRIDE Enterprises Page 1022 of 1675 Page 27 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT #4: PANTS, WOMEN'S ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1 PANTS, WOMEN'S, PLAIN FRONT, 100% COTTON, RED KAP #PC45, OR EQUAL, as specified herein. Sizes 4 - 14 5 EA $ 19.98 $ 99.90 Sizes 16- 24 2 EA $ 19.98 $ 39.96 Check one of the following: OFFERING RED KAP#PC45 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFRIBRAND and MPR/BRAND PARTIA40DEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS) 2. PANTS, WOMEN'S, PLEATED FRONT, 65% POLYESTER/35% COTTON, RED KAP #PT39, OR EQUAL, or equal, as specified herein. Sizes 4 - 14 5 EA $ 22.55 $ 112.75 Sizes 16 - 22 2 EA $ 22.55 $ 45.10 Check one of the following: V�CFFERING RED KAP #PT39 OR 0 OFFERING EQUAL PRODUCT MFRIBRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (IVILJST BE FILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL.NUMBERS) All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME-. Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1023 of 1675 Page 28 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3, PANTS, WOMEN'S, INDUSTRIAL WORK, PLAIN FRONT, 65% POLYESTER/35% COTTON, RED KAP #PT21, OR EQUAL, as specified herein. Sizes 2 - 14 5 EA $ 14,75 $ 73.75 Sizes 16- 24 2 EA $ 14.75 $ 29.50 Check one of the following: OFFERING RED KAP#PT21 OR 171 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: jMIJ5T BE FILLET}IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACrURERIBRANO AND PARTIMODEL NUMBERS) 4. WOMEN'S JEANS, RED KAP #PD63, OR EQUAL, as specified herein. Sizes 4 - 14 5 EA $ 14.75 $ 73.75 Sizes 16 - 22 2 EA $ 14.75 $ 29.50 Check one of the following: OFFERING RED KAP#PD63 OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED W) (MFRIBRAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL NUMBERS . TOTAL OFFER LOT#4: $ 504.21 All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1024 of 1675 Page 29 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT #5: SHORTS ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1, SHORTS, MEN'S, PLAIN FRONT, 100% COTTON, RED KAP#PC26, OR EQUAL, as specified herein. Sizes 28-42 5 EA $ 13.75 $ 68.75 Sizes 44- 50 2 EA $ 1175 $ 27.50 Check one of the following: 'OFFERING RED KAP #PC26 OR IJ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN; (MFRIBRAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBCRS) 2. SHORTS, MEN'S, MULTI-USE POCKET, PLAIN FRONT, 65% POLYESTER/35% COTTON, DICKIES#LR642, OR EQUAL, or equal, as specified herein. Sizes 28 -42 5 EA $ 16.99 $ 84.95 Sizes 44- 50 2 EA $ 16.99 $ 33.98 Check one of the following: OFFERING DICKIES #LR642 OR El OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and WRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTUREWBRAND AND PART/MODEL NUMBERS) All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued,.. FIRMNAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1025 of 1675 Page 30 RESPONSE PAGE RrQ #1 50899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. SHORTS, MEN'S, 5,11 TACTICAL TACLITE PRO #73287, OR EQUAL, as specified herein, Sizes 28 - 38 45 EA $ 26.95 $ 1,212,75 Sizes 40 - 44 15 EA $ 26.95 $ 404.25 Check one of the following! 0 OFFERING 5,11 TACTICAL #73287 OR �NfIIIOFFERING EQUAL PRODUCT MFR/BRAND OFFERED: Propper (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL # OFFEREDF5253 (MOST BE FILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL III OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL NUMBERS) 4. SHORTS, WOMEN'S, 5.11 TACTICAL TACLITE PRO#63071, OR EQUAL, as specified herein. Sizes 28 - 38 10 EA $ 39.00 $ 390.00 Sizes 40-44 5 EA $ 39.00 $ 195.00 Check one of the following-, ` OFFERING 5.11 TACTICAL#63071 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED; (FAUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL NUMBERS) TOTAL OFFER LOT#6: $ 2,4117.18 All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued.., FIRMNAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1026 of 1675 Page 31 RESPONSE PAGE RFQ #1 50899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT #6: JACKETS ANNUAL M DESCRIPTION ESTIMATED UNIT UNIT TOTAL QUANTITY PRICE OFFER 1 'J CKET "IKE", UNLINED, EAGLE WORK C TkS#JLIDC, OR EQUAL, as specified herei NO -QUOTE Sizes XS —XL 4 EA $ $ zes 2XL—5XL 2 EA $ $ Check one of\thelowing: L 0 OFFERING EAGLE ORK CLOTHES#JLIDC 0 0 OFFERING EQUAL T C PRO C � T MFR/BRAND OFFERED: (YUST BE FILLS N)N�\ MFR/BRAND NAMEIPARTIMODEL# OFFERED: (MUST BE FILLED IN) '\M (MFRIBRAND and MFRIBRAND PARTIMODEL # OFFERED ST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VEND S UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AN PARTIMODEL NUMBERS) 2. JACKET LINING, ZIP IN/ZIP OUT, EQUAL WORK CLOTHES #LINERV, OR EQUAL, or equal, as specified herein. NO QUOTE Sizes S—XL \2 EA $ $ Sizes 2XL—4XL 1 \TA\ $ $ Check one of the following: 0 OFFERING EQUAL WORK CLOTHES#LINERV OR El OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BF FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PARTIMODEL NUMBERS) All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME:Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1027 of 1675 Page 32 RESPONSE PAGE RFQ #1 50899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ANNUAL IT`E� UNIT TOTAL No. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. JACR-ET, TEAM, 100% NYLON, LINED, W/HOOD, PORT A ORITY#JP56, OR EQUAL, as specified her J-n, NO QUOTE L X X Sizes 30 EA $ X XL Sizes Sizes 2XL—3X1, 10 EA $ $ Sizes 4XL—6XL 2 EA $ $ Check one of the following: • OFFERING PORT AUTHORITY#JP56 OR • OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MU.1 BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED', (MUST BE FILLED IN) (MFR/BRAND and MFR/BRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL NUMBERS) TOTAL OFFER LOT#6: $ ................. All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to found up or down accordingly. Continued... FIRM NAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1028 of 1675 Page 33 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#7: FIRE RESISTANT PRODUCTS ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. JEANS, DENIM, BULWARK#PEJ4DW, OR EQUAL, as specified herein. Sizes 28 -40 35 EA $ 44,50 $ 1,557,50 Sizes 42 - 48 2 EA $ 46,50 $ 93.00 Check one of the following: eOFFERING BULWARK#PEJ4DW OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST HE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL NUMBERS) 2. PANTS, WORK, INDUSTRIAL, FULL CUT, BULWARK#PEW2KH, OR EQUAL, or equal, as specified herein, Sizes 28 -40 5 EA $ 43.95 $ 219.75 Sizes 42 -48 1 EA $ 43.95 $ 43.95 Check one of the following: OFFERING BULWARK#PEW2KH OR El OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED-,— (MUST BE FILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL III OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL_NUMBERS} All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page 1029 of 1675 Page 34 RESPONSE PAGE RFQ #1 608991CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. SHIRTS, WORK, LONG SLEEVE, BUTTON FRONT, BULWARK#SLU2LB, OR EQUAL, as specified herein. Sizes S—XL 15 EA $ 44.88 $ 673.20 Sizes 2XL—3XL 2 EA $ 47.99 $ 95.98 Check one of the following: IPIOFFERING BULWARK#SLU2LB OR 11 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUTT BE FILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL III OFFERED MUST MATCH THE DESCRIPTIVE LITERATURF PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS)_ 4. JACKETS, BOMBER STYLE, DUCK LINED, BULWARK#JLB8BD, OR EQUAL, as specified herein, Sizes S —XL 5 EA $ 137.95 $ 689,75 Sizes 2XL—3XL 1 EA $ 163.95 $ 163,95 Check one of the following: e, OFFERING BULWARK#JLB8BD OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: IIAUST BE FILLED INI MFR/BRAND NAME/PARTIMODEL# OFFERED: IMUST OF FILLED IN) (10FRIBRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS , All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly, Continued... FIRM NAME.- Prison Rehabilitative Industries & Diversified Enterprises, Inc. I DBA: PRIDE Enterprises Page1030 of 1675 Page 35 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ANNUAL ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL NO. QUANTITY PRICE OFFER 5. JACKETS, LINED BOMBER, BULWARK#JLJ8NV, OR EQUAL, as specified herein. Sizes S—XL 3 EA $ 121.00 $ 363.00 Sizes 2XIL—4XL 1 EA $ 131.00 $ 131.00 Check one of the following-, OFFERING BULWARK#JLJ8NV OR 0 OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED. - (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND — PARTIMODEL NUMBERS 6. HOOD (For Item #5), BULWARK#HLH2RB, OR EQUAL, as specified herein. One Size 1 EA $ 34.95 $ 34.95 Check one of the following: OFFERING BULWARK#HLH2RB OR El OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLET]IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRJBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND _PARTIMODEL NUMBERS) TOTAL OFFER LOT#7: $ 4,066.03 Continued... FIRM NAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc.-I DBA- PRIDE Enterprises Page 1031 of 1675 Page 36 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT #8: BELTS ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. BELT, BALLISTIC, NYLON, DUTYMAN #750, OR EQUAL, as specified herein, Sizes S— L 10 EA $ 19.98 $ 199.80 Sizes XL— 3XL 5 EA $ 19.98 $ 99.90 Check one of the following: 0 OFFERING DUTYMAN #750 OR %leOFFERING EQUAL PRODUCT MFR/BRAND OFFERED: Hero's Pride (MUST BE FILL E0 INy MFR/BRAND NAME/PART/MODEL# OFFERED: 1212 (MUST BE FILLED IN) (MFRIBRAND and MFRIBRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACrUPERIBRAND AND PART/MODEL NUMBERS Continued— FIRM NAME: Prison Rehabilitative Industries & Diversified Enterprises, Inc. DBA- PRIDE Enterprises Page 1032 of 1675 Page 37 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 2, BELT, LINER, INNER, DUTYMAN #751, OR EQUAL, as specified herein. Sizes S— L 10 EA $ 11.95 $ 119.50 Sizes XL— 3XL 5 EA $ I I.Q5 $ 59.75 Check one of the following: 0 OFFERING DUTYMAN #751 OR OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: Hero's Pride {MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: 1204 (MUST BE FILLED IN) (MFR119RAND and MFRISRAND PARTIMODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PARTIMODEL NUMBERS) TOTAL OFFER LOT $�478.95 � All unit prices should be within two (2) decimal points. If vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly, Acknowledge Information and Descriptive Literature is attached and that the manufacture d and part/model number offered S matches the descriptive literature provided by vendor, per Term & Condition#45? r nYE INITIAL PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR RFQ) By signature on this document, vendor acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's RFQ solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to the Submission time, Per General Term and Condition#33, if vendor is a Joint Venture for the goods/services described herein, vendor shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties, F1 RM NAME: (Enter the entire legal name of the quoting entity) DATE: April 17, 2018 Prison Rehabilitative Industries & Diversified Enterprises, Inc. d.b.a. PRIDE Enterprises SIGNATURE: 1. PRINT NAME. Joseph G. Keen PRINT TITLE., Sales Support Center Manager ADDRESS: 223 Morrison Road CITY I STATE: —Brandon, Florida ZIP CODE: 33511 TELEPHONE# ( 813 )890-2133 E-MAIL: bids@pride-enterprises.org TOLL FREE # ( 877 ) 283-6819 FAX#: ( 727 ) 540-3449 APPLICABLE LICENSE(S) #: ,761105 TYPE-. Department of State/Coreoration Number FEDERAL ID# 59-2162018 Page 1033 of 1675 Form WW 41 I.. AMENDMENTO Datod: APRIL 12, 2018 PALM BEACH COUNTY PURCHASING DEPARTMENT 50 SOUTH MILITARY TRAIL, SUITE 110 WEST PALM BEACH, FLORIDA 33415-3199 RFQ 1508991CC TITLE: WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT SUBMISSION DATE: APRIL 18, 2018 REFERENCE SPECIAL CONDITIONS, PAGE 8, ADD THE FOLLOWING ITEM: 48. PRODUCT SUBSTITUTION After award, if an item becomes discontinued by the manufacturer, SUCCeSSfUl vendor shall provide proof from the manufacturer it) order to remove such item from the contract. Substitutions shall not be made without prior written consent from Palm Beach County. Product substitution shall meet or exceed the discontinued item at no additional charge. NOTE, Please acknowledge receipt of this amendment by signing and returning with yoLfr Response. FAILURE TO RETURN THIS AMENDMENT SHALL RESULT IN REJECTION OF YOUR RESPONSE. PRIDE Enterprises --A ril 11�72018 COMPANY NAME SIGNATUR f GATE COLEEN M. CARDILI- -SENIOR BUYER TAMMY SMITH, CHASING MANAGER Page 1034 of 1675 K",.?4 4 j 1; r (1�1 PRIDE PRIDE Enterprises Sales Support Center and Bids P.O, Box 440 Cross City, FL 32628 For Delivery: 568 NE 255th Street-, Cross City, FL 32628 Contact.- Jason Brown Phone: (813) 890-6582 Fax, (727) 570-3449 E-Mail: bidsCo),pride-einterpt'ises.org Web: www.pride--eriterprises.org vRIDE AttachmEent "Ayl LN Notes for Buyer Y s Convenience IMPACT TH ROUGH INDUSTRY Page 1035 of 1675 0"') PRIDE tai Notes for Buyer's Convenience The following notes provide information regarding specific Lots and Items in regards to PRIDE's submittal: Lot 41, Item #3 & Item #4: Purple, Teal & Wintergreen are discontinued by manufacturer. Lot #2, Item #2 & Item #4: Manufacturer does not offer sizes Small in Long Back Length.. Lot #2, Item #3: Manufacturer does not offer sizes Small or Medium in Long Back Length. Lot #3, Item #1, Item #2, Item #3, Item #4 & Item #5 (all men's pants): Includes hems for 28, 30, 32, 34 & 36. Unhemmed for 37. Lot 43, Item #6, For sizes Small — 3XL PRIDE is offering Propper F5250 Zip Fly. For size 4XL PRIDE is offering Propper 5201 per specifications. Lot #4, Item #1, Item #2, Item #3, & Item #4 (all women's pants): Includes hems for 28, 30, 32, & 34. 34 unhemmed is the longest length available for all. Lot #7, Item #1 & Item #2: includes hems for 28, 30, 32, 34 & 36. Unhemmed for 37. IMPACT THROUGH INDUSTRY Page 1036 of 1675 6 NPiIs[l ..,. tiglt'.e^t' 7 Tr7C::i."3te53 PRIDE PRIDE Enterprises Sales Support Center and Bids P.O. Box 440 Cross City, FL 32628 For Delivery: 568 NE 255th Street; Cross City, FL 32628 Contact: Jason Brown Phone: (813) 800-6582 Fax: (727) 570-3449 E-Mail: bids@pride-enterprises.org pride-enterprises.org Web: www.pride-enterprises.org PRRAOD" E Attachment " B" Product Infr i The following descriptive literature sheets are for the"Equal Products" that PRIDE is offering in reference to this RFQ. The following sheets are arranged and appear in order of Lot/ RFQ item numbers as follow& Lot#1, Item #1 — Horace Small #SP46 Lot#1, Item#2 — Horace Small #SP36 Lot#3, Item #6— Propper F5250 Zip Fly Lot#5„ Item#3— Propper#F5253 for Sizes S—3XL Lot#8, Item#1 — Hero's Pride#1212 Lot#8, Item #2 Hero's Pride#1204 IMPACT TH ROUGH INDUSTRY Page 1037 of 1675 R P VF Workwear i A i g a division o1 VF tmagewear,Inc. SENTINEL@ UPGRADED SECURITY SHORT SLEEVE SHIRT i The Upgraded Security Shirt offers all the same quality features of our Basic Security Shirt with additional features, such as stitched down military creases—two in front and three in back— and two hex style pockets with hook and loop closure ori scalloped flaps with a decorative button, a Blend; 650/a Polyester/ 35% Cotton Med�un3 White Dark.Ft + Care: Industrial Wash, Light Soil or Home Wash A1 Blue navy • Closure: Center-Front Placket and Seven Four-Hole Never Out Service Guarantee: Dark Navy (SP46DN), Medium Pearl Buttons with Vertical Button Holes. dark Navy has Blue (SP46MB), White (SP46WH) Melamine Buttons. + Collar: Two-Piece, Lined Banded, Topstitched with Stays • Country of Origin: Imported • Fabric: 4.25 oz. Per Square Yard, 7.67 oz. Per Linear Yard, Poplin Finish: Pre-Cured Durable Press with Soil-Release and Wickable Finish • other: • Stitched-Down Military Creases (Two Front, Three Back) o Functional Epaulets Q Badge-Tab with Reinforced Sling and Eyelets • Tailored Sleeve Placket o Added Length to Keep Shirt Tucked o Designed to Accommodate Body Armor o Men's Fit Chart: MFC-07 • Pocket: Two Hex-Style with Center Pleat, Hook-and- Loop Closure on Scalloped Flaps with Decorative Button, and Left Pencil Pocket COLOR LOT NO. SIXES UNISEX SS SSL Medium Blue SP46MB S-4XL XL-2XL White SP46WH S-4XL XL-2XL Dark Navy SP46DN S-4XL XL-2XL @2018 VF Imagewear I COUNTRY OF ORIGIN: IMPORTED Page 1038 of 1675 1 s VF Workwear � ,.J'�`�� `�� '��` � ��".' cvrx � n division at VF lmpgewesr,Inc. F SENTINEL@ UPGRADED SECURITY LONG SLEEVE SHIRT 5 The Upgraded Security Shirt offers all the same quality features of our Basic Security Shirt with additional features, such as i stitched down military creases—two in front and three in back— and two hex style pockets with hook and loop closure on scalloped flaps with a decorative button. • Blend: 65% Polyester/ 35% Cotton Cate: Industrial Wash, Light Soil or Home Wash y Yk • Closure: Center-Front Placket and Seven Four-Hole White Mellun Dark Pearl Buttons with Vertical Button Holes, Dark Navy has BluNever Out Service Guarantee�Dark NaNavvy (SP36DN), Medium Melamine Buttons. Blue (SP36MB), White (SP36WH) • Cellar: Two-Piece, Lined, Banded, Topstitched with Stays • Country of Origin: Imported • Cuff: Two-Piece, Lined, Topstitched, with Sleeve Plackets and Adjustable Closure on Long Sleeve, • Fabric: 4.25 oz, Per Square Yard, 7.67 oz. Per Linear Yard, Poplin • Finish: Pre-Cured Durable Press with Soil-Release and Wickable Finish • Other: • Stitched-Down Military Creases (Two Front, Three Back) • Functional Epaulets o Badge-Tab with Reinforced Sling and Eyelets • Tailored Sleeve Placket a Added Length to Keep Shirt Tucked e Designed to Accommodate Body Armor o Men's Fit Chart: MFC-07 • Pocket: Two Hex-Style with Center Pleat, Hook-and- Loop Closure on Scalloped Flaps with Decorative Button, and Left Pencil Pocket COLOR LOOT NO. SIZES UNISEX RG White SP36W H S-4XL Medium Blue SP36MB S-4XL Dario Navy SP36DN XS-4XL 02018 VF Image Wear COUNTRY OF ORIGIN: IMPORTED Page 1039 of 1675 w Manufacturer Propper International Inc. Product Name Propperc" Lightweight Tactical Short Style Number Men's- F5253 Colors Offered black(001), LAPD navy (450), khaki (250), olive (330), coyote (236) Sines Offered 28-56 even sizes (9°inseam) Fabric Type 50-6.4 oz. 65% polyester 35%cotton It. wt. ripstop Product Features TeflonTM fabric protector to resist dirt and moisture 1"x .5"set on waistband with side elastic 2.5"x 1.75"self fabric belt loops evenly spaced 2.5"x 1 self fabric belt loop at center back Branded PrymO' cap snap at center front D-ring attachment at wearer's front right belt loop French fly construction with YKK brass zipper Slant front hand pockets with coin pocket at wearer's right-pockets reinforced with taslon at bottom edge 5.8 oz. twill polyester/cotton pocket bags Pleated front leg panels Bellowed magazine pocket at wearer's right thigh with mitered flap, and honk and loop closure 4.13.18 Page 1040 of 1675 Side cargo pockets with inverted pleat for additional capacity with mitered flap, and hook and loop closure Reinforced 2 ply back seat with integrated open top pockets-internal wallet pockets and secured with hook and loop closure All seams are two needle topstitched Bartack reinforcement at all stress points Manufacturer Services Guaranteed to be free of manufacturing defects 4.13.18 Page 1041 of 1675 UNIFCaRMI ElDU Vahm RD ii coat and trausm mspi=ad by Cour military desons, �f TIT- ,.1' ] a Mow yl f<i � ffk��33 'q" fl Y t � � E � s C 9 fi}E 1-4,9VAR MAr. q n 0 so„1 of MWAN AIN VvIf > 3 Im „ r t - - " Jfy„ 67 x pwy art �E�Ets ;I rel f, T IAApII YbfM kYl ICi '® �' i fs W l ® 111 • R R u 10-121-M 5 BALLISTIC DELUXE RIGID DUTY BELT HERO'S PRIDE #1212 ilii Ballistic Deluxe Rigid Duty Belt is constructed with 1680 denier ballistic for lightweight comfort and durability and proper support for your gear. Features a rigid 6 layer web layer construction to support equipment and keeps belt in place without sacrificing comfort. Crafted with a polymer core for added durability,this belt will last for years and require minimum maintenance.Check out the Product Details tab for all product specifications, Features: • 1680 denier ballistic material for lightweight comfort 6 layer web construction for additional support Interior polymer stiffener for added stability • Triple-lock buckle system for additional security Product Details: Reinforced row stitching • Belt Width: 2.25"W • Sizes Available:S=24-28,M= 28-34,L=34-40,XL=40-46,2X=46-52, 3X=52-58,4X=58-66 Color:Black Easily cleaned with mild soap and water Page 1043 of 1675 BALLISTIC INNER DUTY BELT HERE 'S PRIDE #1204 Ballistic Inner Duty Belt is constructed with 900 denier ballistic web material to provide lightweight comfort and durability.Easily attaches to rnain duty belt with keepers.This configuration will keep your belt secure and in place when you need to engage with your weapon and equipment.Checkout the Product Details tab for all product specifications. Features: 900 Denier Ballistic material for lightweight comfort • Hook and loop closure for easy adjustability • Covers equipment case straps for more comfortable fit Product Details: Compatible with outer duty befts:All • Belt Width: 1.5"W Sizes Available:S- 24-28,M=28-34, L=34-40,XL=40-46,2X=46-52,3X=52-58,4X=58-66 Color:Black Easily cleaned with mild soap and water Page 1044 of 1675 �'ORT AUTHORUTY, NNW Qwn cAw 1 OWN&; --3e I "I We, Q"n-,, ff AR E !.N:-i f I K",i 10 1d 9 0,ly Vic it LAHR A e W"S,MOM m TABS" All RAG, 01804mall � 1, k� k: A, I x o- bs- Am ..d n ..... .isX, KY. ... ......... 77 - 1 -I - .......... MENEM Page 1045 & 1675 F l IJKUL) U (,o T SELL SHEET r /rte .......... Lining: 100%polyester mesh in upper back; back vents stem for added breathability Structured collar stand with integrated collar stays Full-button µ j Closure 1,j f p I" t r Chest pocket with pen slots and pocket flap s a Moisture-wicking and anti-microbial performance MEN'S KEY WEST SHORT-SLEEVE PERFORMANCE STAFF SHIRT product positioning • Anti-microbial perforrmanco helps control bacteria ui1 Y�!o far hospitality and resort industries,as well as and prevent odors food and beverage professionals Available m 5 crossover colors with M58OW selling points sizes available Structured collar stand with'integrated collar stays • S M L XL 2X 3X SIX Keeps you looking polished and professional fabrics Back vent system for added breathability 3.34 oz.lyd1/115 gsna,100%,polyester ripstop Mo€stage-wic K1np performance keeps you feehncg cornforiabie all day long Chest pockets with ren slots and racket flaps for added convenience and functionahty 00 44 54 55 86 h i E 1. `Nhier Graea M st Navy Clad Bl,.ex K-6 Page 1046 of 1675 AA 4.. Ne P_=t�)�'e.5�t F .�g..3 l�{ i'.i � rlr�3... d.F t. .��= k� �i£�c" 41,'t F7 fi5 p 6 PRIDE all PRIDE Enterprises Sales Support Center and Bids P.O. Box 440 Cross City, FL 32628 For Delivery: 5618 NE 255th Street; Gross City, FL 32628 Contact: Jason Brown Phone: (813) 890-6582 Fax: (727) 570-3449 E-Mail: i,)ids((-�pride-eillerlarises.orc) Web: wwwpride-enterprises.org Atbacht'nient 669 ignilly I M PACT TH ROUGH IN D USTRY Page 1047 of 1675 813.324.8700 223 Morrison Road 813.089.5390 Brandon,Horida 33511 800.643.8459 dPRIDE 1 fir• $; y all ! E r", i t° R P R ! 5 t-' 5 BOARD OF DIRECTORS PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. RESOLUTION WHEREAS, PRIDE Enterprises Prepares bids,quotes,and proposals for all applicable PRIDE Industries on a daily/weekly basis; and WHEREAS,these bids,quotes and proposals may require the signature of a Corporate Officerwho is not always available for timely submission; CHOW THEREFORE, BE IT RESOLVED THAT the Board of Directors of Prison Rehabilitative Industries and Diversifier) Enterprises, Inc. d/b/a PRIDE Enterprises hereby auth r the Sales Support Center Manager to sign and submit i 3 g � bm t b cis, quotes a d P oposals on behalf of he c•rporation i Cha r an, Prison ha ill ative In stries and Diversified Enter rises, Inc, D,ted this 21st ay of May, 7.015 ATTEST, JI Secretary IMPACT THROUGH INDUSTRY 4wm,)pride-enterprises.or Page 1048 of 1675 Board of County Commissioners ACB C County Administrator O Melissa McKinlay, Mayor �� Verdenia C. Baker Mack Bernard, Vice Mayor a Hal R. Valeche • • Paulette Burdick ' Dave Kerner 13 R1 Steven L. Abrams Mary Lou Berger Purchasing Department www.pbcgov.org/purchasing BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION RFQ #150899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT RFQ SUBMISSION DATE: APRIL 18, 2018 AT 4:00 P.M. **** FAXED OR E-MAILED RESPONSES ACCEPTABLE **** It is the responsibility of the vendor to ensure that all pages are included. Therefore, all vendors are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to the Palm Beach County Purchasing Department. Quotations are requested for furnishing the goods/services as described herein and in accordance with applicable terms, conditions and specifications as set forth herein without any modification, change or alterations to any terms, conditions or provisions of this solicitation, unless specifically approved in writing by the County. By submitting an offer which is accepted by the County, a binding contract is formed in accordance with the terms, conditions and specifications as set forth in this Request for Quotation (RFQ) C A U T I O N In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at https://Pbcvssp.co.Palm-beach.fl.us/webapp/vssp/AltSelfService. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor's sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of quotes. Palm Beach County shall not be responsible for the completeness of any solicitation that was not downloaded from our VSS system or obtained directly from the Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY PURCHASING DEPARTMENT 50 S. MILITARY TRAIL, SUITE 110,WEST PALM BEACH, FL 33415-3199 Page 1049 of 1675 Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County REQUEST FOR QUOTATION RFQ#150899/CC TITLE: WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT BUYER: COLLEEN CARDILLO PHONE (561) 616-6839 FAX(561)242-6739 E-MAIL: ccardill@pbcgov.org **** FAXED OR E-MAILED RESPONSES ACCEPTABLE **** To ensure that your offer is considered, it must be received in Palm Beach County Purchasing no later than 4:00 P.M., PALM BEACH COUNTY LOCAL TIME, by the submission date. Offers received after this time will not be considered. This Request for Quotation,General Conditions, Instructions to Vendors,Special Conditions,Specifications,Attachments,Amendments(if issued),and/or any other referenced document form a part of this RFQ solicitation and response thereto,and by reference are made a part thereof. The selected awardee shall be bound by all terms,conditions and requirements in these documents. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR VENDORS GENERAL CONDITIONS The following Terms and Conditions are applicable to this purchase order/contract entered into by and between Palm Beach County(referred to as County)and Vendor. If it is determined that the successful vendor was not in default or that the 1. CONDITIONED OFFERS default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of,the successful vendor),the rights and Vendors are cautioned that any condition, qualification, provision, or obligations of the parties shall be those provided in "Termination For comment in their quote, or in other correspondence transmitted with their Convenience". quote, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or 6. TERMINATION FOR CONVENIENCE provisions of this solicitation, is sufficient cause for the rejection of their quote and shall be considered as non-responsive. The County may, whenever the interests of the County so require, terminate the order/contract,in whole or in part,for the convenience of the 2. MODIFICATIONS County upon five (5) days written notice to Vendor. Unless directed otherwise in the notice of termination, the Vendor shall incur no further No modifications of this order/contract, including but not limited to these obligations in connection with the order/contract. terms and conditions, shall be binding upon County unless approved by REMEDIES an authorized representative of County's Purchasing Department. 7. 3. ASSIGNMENTS No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative Assignments are prohibited unless prior written consent is given by the and shall be in addition to every other remedy given hereunder now or County and the Vendor. hereafter existing at law,or in equity,by statute or otherwise. No single or partial exercise by any party of any right,power,or remedy hereunder shall 4. EXCUSABLE DELAYS preclude any other or further exercise thereof. 8. NO THIRD PARTY BENEFICIARY The County may grant additional time for any delay if the delay will not adversely impact the best interest of the County and is due to causes No provision of this Contract is intended to,or shall be construed to,create beyond the control of the Vendor. Such grant must be in writing and made any third party beneficiary or to provide any rights to any person or entity part of the order/contract. not a party to this Contract, including but not limited to any citizen or 5. DEFAULT employees of the County and/or successful vendor. The County may, by written notice of default to the successful vendor, 9• FOB terminate the order/contract in whole or in part if the successful vendor fails to satisfactorily perform any provisions of this solicitation or resultant The F.O.B.point shall be destination. If the County agrees,freight charges order/contract, or fails to make progress so as to endanger performance may be prepaid by the Vendor and listed on the invoice; however,Vendor under the terms and conditions of this solicitation or resultant retains title and assumes all responsibility, liability and risk in transit,and order/contract, or provides repeated non-performance, or does not shall be responsible for the filing of claims for loss or damages. remedy such failure within a period of ten(10)days(or such period as the Director of Purchasing may authorize in writing)after receipt of notice from 10. PAYMENT TERMS the Director of Purchasing specifying such failure. In the event the County terminates this order/contract in whole or in part because of default of the In order for Palm Beach County to make payment, the Vendor's Legal successful vendor,the County may procure goods and/or services similar Name; Vendor's Address; and Vendor's TIN/FEIN Number on the to those terminated, and the successful vendor shall be liable for any successful vendor's quote must be exactly the same as it appears on the excess costs incurred due to this action. invoice and in Palm Beach County's VSS system which can be accessed at https://PbcyssP.co.palm-beach.fl.us/webapp/vssP/AltSelfService. Page 1050 of 1675 Page 3 Payment shall be made by the County after goods/services have been 16. DELIVERIES received,accepted and properly invoiced as indicated in the contract and / or order. Invoices must bear the purchase order number.The Florida Deliveries are to be made Monday through Friday, excluding holidays, Prompt Payment Act is applicable to this solicitation. Interest penalties will unless otherwise stipulated. only be paid in accordance with the Florida Prompt Payment Act, Florida Statute 218.70. 17. INSPECTION/ACCEPTANCE Note: Palm Beach County Vendors can now be paid by Credit Card All goods and/or services provided on this Purchase Order are subject to via the County's voluntary Payment Manager Program. For vendors inspection and acceptance upon receipt or completion by an authorized who don't have a merchant account, one is needed to utilize the representative of the County. Program. For vendors with a merchant account, you will need to enroll with the Palm Beach County Clerk&Comptroller's office. For information, 18. QUANTITIES contact the Palm Beach County Clerk & Comptroller at pbcpaymentmgr(a)mypalmbeachclerk.com or 561-355-3295. Quantities specified in the order/contract cannot be changed without County approval. Goods shipped in excess of quantity designated may 11. INVOICING be returned at Vendor's expense. Successful vendors shall send ALL ORIGINAL invoices to the following 19. DISCRIMINATION PROHIBITED address and may send copies of invoices to the Palm Beach County Department requesting the goods/services. Invoices submitted on carbon Palm Beach County is committed to assuring equal opportunity in the paper shall not be accepted. award of contracts and complies with all laws prohibiting discrimination. PALM BEACH COUNTY Pursuant to Palm Beach County Resolution R-2017-1770, as may be FINANCE DEPT. amended,the successful vendor warrants and represents that throughout P.O. BOX 4036 the term of the contract, including any renewals thereof, all of its WEST PALM BEACH, FL 33402-4036 employees are treated equally during employment without regard to race, color,religion,disability,sex,age,national origin,ancestry,marital status, 12. TAXES familial status,sexual orientation,gender identity or expression,or genetic information. Failure to meet this requirement shall be considered a default The County is exempt from Federal and State taxes. of contract. 13. PURCHASE ORDER 20. LEGAL REQUIREMENTS The County will not accept any goods delivered or services performed The Vendor must strictly comply with all Federal, State, County and local unless a duly authorized purchase order has been issued for said goods laws, ordinances, rules and regulations that in any manner affect the and/or services.The purchase order number must appear on all invoices, goods and/or services provided herein. The UCC shall prevail as the basis packing slips and all correspondence concerning the order. for contractual obligations between the Vendor and the County for any terms and conditions not addressed. The County shall not be liable to the 14. ORDER/CONTRACT Vendor for any legal fees,court costs,or other legal expenses arising from the interpretation or enforcement of this order/contract,or from any other Vendor agrees that by submitting an offer (i.e. Request for Quotation) matter generated by or relating to this order/contract. which is accepted by the County (i.e. Purchase Order, Term Contract Notice) a binding contract is formed in accordance with the County's 21. CRIMINAL HISTORY RECORDS CHECK terms,conditions and specifications as set forth in the solicitation and this ORDINANCE purchase order.Vendor certifies that the offer has been made by an officer or employee having the authority to bind the Vendor.Accordingly,payment Pursuant to Palm Beach County Code Section 2-371 through 2-377, the will only be made to the company and the address as provided in the Palm Beach County Criminal History Records Check Ordinance Vendor's offer unless prior written authorization is received from the ("Ordinance"),the County shall conduct fingerprint based criminal history County. record checks on all persons not employed by the County who repair, deliver,or provide goods or services for,to,or on behalf of the County. A 15. PRICING fingerprint based criminal history record check shall be conducted on all employees and subcontractors of vendors, including repair persons and (a) Unless specifically requested in the specifications, any response delivery persons,who are unescorted when entering a facility determined containing modifying or escalation clauses shall be rejected. to be critical to the public safety and security of the County. County (b) The price offered must be in accordance with the unit of measure facilities that require this heightened level of security are identified in provided on the response page(s). One (1) space or line requires Resolution R-2003-1274, as may be amended. The vendor is solely only one (1) single, fixed unit price. Anything other than a single, responsible for understanding the financial, schedule, and staffing fixed unit price shall result in the rejection of your response. implications of this Ordinance. Further,the vendor acknowledges that its (c) Vendor warrants by virtue of submitting an offer that prices shall pricing offered includes any and all direct or indirect costs associated with remain firm for a period of ninety(90)days from the date of opening compliance of this Ordinance,except forthe applicable FDLE/FBI fees that to allow for evaluation and award. shall be paid by the County. (d) Prices shall remain firm for the initial and any subsequent term unless modified by a special condition. 22. PUBLIC ENTITY CRIMES (e) All unit prices offered should be within two (2) decimal points. If vendor's pricing offered exceeds two(2)decimal points, Purchasing In accordance with the Florida Public Entity Crime Statute 287.132.133, reserves the right to round up or down accordingly. persons and affiliates who are entering into a contract or performing any (f) In the event of mathematical error(s),the unit price shall prevail and work in furtherance with Palm Beach County certifies that it, its affiliates, the vendor's total offer shall be corrected accordingly. QUOTES suppliers, subcontractors and consultants who will perform hereunder, HAVING ERASURES OR CORRECTIONS MUST BE INITIALED have not been placed on the convicted vendor list maintained by the State BY THE VENDOR PRIOR TO SUBMISSION TIME. IF THE of Florida Department of Management Services within the thirty-six(36) CORRECTION IS NOT PROPERLY INITIALED,OR IF THE INTENT months immediately preceding the date hereof. This notice is required by OR LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE Florida Statute 287.133(3)(a). RFQ SHALL BE REJECTED. Page 1051 of 1675 Page 4 23. SBE PROGRAM of business prior to the issuance of this Request for Quotation. In addition, the attached "Certification of Business Location" and Item 1 —Policy Business Tax Receipt must accompany the quote at the time of quote It is the policy of the Board of County Commissioners of Palm Beach submission. The Palm Beach County Business Tax Receipt and this County, Florida, that SBE(s) have the maximum practical opportunity to Certification are the sole determinant of local preference eligibility. participate in the competitive process of supplying goods and services to Errors in the completion of this Certification or failure to submit this the County. To that end,the Board of County Commissioners adopted a completed Certification will cause the quoter to not receive a local Small Business Ordinance which is codified in Sections 2-80.21 through preference. 2-80.34(as amended)of the Palm Beach County Code,which sets forth 25. INDEMNIFICATION the County's requirements for the SBE program,and is incorporated in this solicitation. Compliance with the requirements contained in this section shall result in a vendor being deemed responsive to SBE requirements. To the extent authorized by law, Vendor shall indemnify, save and hold The provisions of this Ordinance are applicable to this solicitation, and harmless the County,its employees and agents against any and all claims, shall have precedence over the provisions of this solicitation in the event damages, liability and court awards including costs, expenses and of a conflict. attorney fees incurred as a result of any act or omission by the Vendor,or its employees,agents,subcontractors or assignees pursuant to the terms Item 2—Contract Award Criteria and conditions of this order/contract. For purchases made as a result of this solicitation,the County shall make an award to the vendor who is certified as a small business with Palm 26. SAFETY DATA SHEETS(SDS) Beach County and who is within 10%of the lowest responsive,responsible vendor, providing that the small business is also deemed responsive and Any toxic substance provided to the County as a result of this solicitation responsible to the terms and conditions of the solicitation. or resultant order/contract shall be accompanied by its SDS. Item 3—SBE Certification 27. ENDORSEMENTS Only those firms certified as a small business enterprise by Palm Beach County at the time of quote submission shall be counted toward the No endorsements bythe County of the goods and/or services will be used established SBE goals. Upon receipt of a complete application,IT TAKES by the Vendor in any way,manner or form. UP TO NINETY(90)DAYS TO BECOME CERTIFIED AS AN SBE WITH PALM BEACH COUNTY. It is the responsibility of the vendor to confirm 28. VENUE AND GOVERNING LAW the certification of any proposed SBE; therefore, it is recommended that vendors visit the on-line Vendor Directory at www.pbcgov.org/osba to Any and all legal action necessary to enforce the award or the resultant verify SBE certification. order/contract will be held in a court of competent jurisdiction located in Palm Beach County,Florida. Any and all legal action necessary to enforce Item 4—Decertification the award or the resultant order/contract shall be governed by the laws of As part of the consideration for quote award under the SBE Ordinance, the State of Florida. any firm/proposer decertified by Palm Beach County shall be considered non-responsive to the SBE requirements. 29. PUBLIC RECORDS,ACCESS AND AUDITS 24. LOCAL PREFERENCE ORDINANCE The vendor agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, In accordance with the Palm Beach County Local Preference Ordinance, graphs, outlines, books, manuals, logs, files, deliverables, photographs, a preference may be given to (1) quoters having a permanent place of videos,tape recordings or data relating to the Contract which have been business in Palm Beach County or(2)quoters having a permanent place created as a part of the vendor's services or authorized by the COUNTY of business in the Glades that are able to provide the goods or services as a reimbursable expense,whether generated directly by the vendor, or within the Glades. by or in conjunction or consultation with any other party whether or not a party to the Contract,whether or not in privity of contract with the COUNTY A. Glades Local Preference: Pursuant to the Palm Beach County Local or the vendor,and wherever located shall be the property of the COUNTY. Preference Ordinance,a 5%Glades Local Preference is given when a Glades business offers to provide the goods or services that will be Any material submitted in response to this solicitation is considered a procured for use in the Glades. If the lowest responsive,responsible public document in accordance with Section 119.07, F.S. This includes quoter is a non-Glades business, all quotes received from material which the responding vendor might consider to be responsive, responsible Glades businesses may be decreased by confidential. All submitted information that the responding vendor 5%. The original quote amount is not changed. The 5%decrease believes to be confidential and exempt from disclosure(i.e.,a trade secret given for the Glades Local Preference is calculated only for the or as provided for in Section 119.07 and Section 812.081, F.S.)must be purpose of determining ranking and award. specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified B. Local Preference: Pursuant to the Palm Beach County Local information is, in fact,confidential. Preference Ordinance, a 5% Local Preference is given to quoters having a permanent place of business in Palm Beach County. If the The vendor shall maintain records related to all charges,expenses, lowest responsive, responsible quoter is a non-local business; all and costs incurred in estimating and performing the work for at least quotes received from responsive, responsible local businesses may three (3) years after completion or termination of this be decreased by 5%. The original quote amount is not changed. The Order/Contract. The County shall have access to such records as 5%decrease given for the Local Preference is calculated only for the required in this Section for the purpose of inspection or audit during purpose of determining ranking and award. normal business hours,at the Vendor's place of business. C. To receive a Glades Local Preference or a Local Preference Notwithstanding anything contained herein, as provided (collectively referred to as"local preference"), a quoter must have a under Section 119.0701, F.S., if the Vendor: (i)provides a permanent place of business in existencerp for to the County's service;and(ii)acts on behalf of the County as provided issuance of this Request for Quotation. A permanent place of under Section 119.011(2), F.S., the Vendor shall comply business means that the quoter's headquarters is located in Palm with the requirements of Section 119.0701, F.S., as it may Beach County or in the Glades, as applicable; or, the quoter has a be amended from time to time. The Vendor is specifically permanent office or other site in Palm Beach County or in the Glades, required to: as applicable,where theug oter will produce a substantial portion of the goods or services to be purchased. A valid Business Tax Receipt (a) Keep and maintain public records required by the issued by the Palm Beach County Tax Collector is required, unless County to perform services as provided under this the quoter is exempt from the business tax receipt requirement by Order/Contract. law, and will be used to verify that the quoter had a permanent place Page 1052 of 1675 Page 5 (b) Upon request from the County's Custodian of RECORDSREQUEST(a-PBCGOV.ORG Public Records("County's Custodian")or County's representative/liaison, on behalf of the County's OR BY TELEPHONE AT 561-355-6680. Custodian, provide the County with a copy of the requested records within allow the records to be 30. SALES PROMOTIONS / PRICE REDUCTIONS / MOST inspected or copied within a reasonable time at a cost that does not exceed the cost provided in FAVORED CUSTOMER Chapter 119, F.S. or as otherwise provided by law. The Vendor further agrees that all fees, Should sales promotions occur during the term of the order/contract that charges and expenses shall be determined in lower the price of the procured item,the successful vendor shall extend to accordance with Palm Beach County PPM CW-F- the County the lower price offered by the manufacturer on any such 002, Fees Associated with Public Records promotional item. Further, any price decreases effectuated during the Requests, as it may be amended or replaced from order/contract period by reason of market change or otherwise, shall be time to time. passed on to the County. Additionally, anytime after award, the vendor (c) Ensure that public records that are exempt, or may offer a reduced price which shall remain in effect for the duration of confidential and exempt from public records the order/contract. The successful vendor warrants that the price(s)shall disclosure requirements are not disclosed except not exceed the successful vendor's price(s)extended to its most favored as authorized by law for the duration of the customer for the same or similar goods or services in similar quantities,or Order/Contract term and following completion of the the current market price, whichever is lower. In the event the successful Order/Contract, if the Vendor does not transfer the vendor offers more favorable pricing to one of its customer(s), the records to the public agency. Nothing contained successful vendor shall extend to the County the same pricing or the then herein shall prevent the disclosure of or the current market price,whichever is lower. provision of records to the County. (d) Upon completion of the Order/Contract, the 31. PERFORMANCE DURING EMERGENCY Vendor shall transfer, at no cost to the County, all public records in possession of the Vendor unless By submitting a response, vendor agrees and promises that, immediately notified by County's representative/liaison, on preceding,during and after a public emergency,disaster,hurricane,flood, behalf of the County's Custodian, to keep and or act of God,Palm Beach County shall be given"first priority"for all goods maintain public records required by the County to and services under this order/contract. Vendor agrees to provide all goods perform the service. If the Vendor transfers all and services to Palm Beach County immediately preceding, during and public records to the County upon completion of the after a public emergency, disaster, hurricane, flood, or act of God, at the Order/Contract, the Vendor shall destroy any terms, conditions, and prices as provided in this solicitation on a "first duplicate public records that are exempt, or priority'basis.Vendor shall furnish a 24-hour phone number to the County. confidential and exempt from public records Failure to provide the goods or services to the County on a first priority disclosure requirements. If the Vendor keeps and basis immediately preceding, during and after a public emergency, maintains public records upon completion of the disaster,hurricane,flood,or act of God,shall constitute breach of contract Order/Contract, the Vendor shall meet all and subject the vendor to sanctions from doing further business with the applicable requirements for retaining public County. records. All records stored electronically by the Vendor must be provided to the County, upon 32. PALM BEACH COUNTY OFFICE OF THE request of the County's Custodian or the County's INSPECTOR GENERAL AUDIT REQUIREMENTS representative/liaison, on behalf of the County's Custodian, in a format that is compatible with the information technology systems of County, at no Pursuant to Palm Beach County Code,Section 2-421-2-440,as amended, cost to County. Palm Beach County's Office of Inspector General is authorized to review past,present and proposed County contracts,transactions,accounts,and Vendor acknowledges that it has familiarized itself with records. The Inspector General's authority includes, but is not limited to, the requirements of Chapter 119, F. S., and other the power to audit, investigate, monitor, and inspect the activities of requirements of state law applicable to public records not entities contracting with the County, or anyone acting on their behalf, in specifically set forth herein. Failure of the Vendor to order to ensure compliance with contract requirements and to detect comply with the requirements of this Section, Chapter corruption and fraud. 119, F.S.and other applicable requirements of state law, shall be a material breach of this Order/Contract. County 33. BUSINESS INFORMATION shall have the right to exercise any and all remedies available to it for breach of contract, including but not If vendor is a Joint Venture for the goods/services described herein, limited to,the right to terminate for cause. vendor shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. IF THE VENDOR HAS QUESTIONS 34. ANNUAL APPROPRIATIONS REGARDING THE APPLICATION OF The County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE Commissioners for subsequent fiscal years. PUBLIC RECORDS RELATING TO THIS 35. CONFLICT OF INTEREST ORDER/CONTRACT, PLEASE Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with CONTACT THE CUSTODIAN OF the performance or services required by this contract as provided for in PUBLIC RECORDS AT RECORDS Chapter 112, Part III, Florida Statutes and the Palm Beach County Code of Ethics. Vendor further represents that no person having any conflict of REQUEST, PALM BEACH COUNTY interest shall be employed for said performance or services.Vendors shall disclose the name of any officer, director, or agent who is also an PUBLIC AFFAIRS DEPARTMENT, 301 employee or a relative of an employee of Palm Beach County. Further, vendor shall disclose the name of any County employee or relative of a N. OLIVE AVENUE, WEST PALM County employee who owns, directly or indirectly, an interest of ten BEACH, FL 33401, BY E-MAIL AT percent(10%)or more in the vendor's firm or any of its branches. Page 1053 of 1675 Page 6 SPECIAL CONDITIONS 36. GENERAL/SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 37. AWARD (LOT-BY-LOT) Palm Beach County shall award this RFQ to the lowest, responsive, responsible vendor on a lot-by-lot basis. The County reserves the right to reject responses which would result in an award which is financially disadvantageous to the County. An award may be considered financially disadvantageous when it would result in an award to a vendor for less than $1,000, or when it would result in awards of multiple small fragments. This policy is predicated on avoidance of increased administrative costs and operational complexity. Therefore, it is necessary for a vendor to respond to every item in the particular lot for which the vendor submits an offer in order to be considered. It is also required that the vendor carefully consider each item, and make sure that each one meets the specifications as indicated. In the event that one item does not meet such specifications for that lot, the entire lot will be considered non-responsive. Additionally, if a vendor enters a No Quote/No Bid, or N/A for any item in that lot, they will be considered non-responsive for that lot. 38. METHOD OF ORDERING (TERM CONTRACT) A contract shall be issued for a term of twelve (12) months or until the estimated amount is expended, at the discretion of the County. The County will order on an "as needed" basis. 39. F.O.B. POINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Responses showing other than F.O.B. destination shall be rejected. Vendor retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. 40. DELIVERY For large orders (more than 20 items) requiring embroidery, delivery shall be within forty-five (45) calendar days after receipt of term contract delivery order(DO)and approved artwork. For small or repeat orders requiring emblems, logos, etc., delivery is required within thirty (30) calendar days. For those items not requiring logos/embroidery, delivery is required within twenty-one (21)calendar days. If a modified delivery date has been requested by the successful vendor, approval shall be made in writing by the County Representative. Failure of the successful vendor to perform to the delivery requirement is sufficient cause for default and termination of the contract. All shipment errors on the part of the vendor shall be handled as an expedited purchase to be resolved in seven (7) calendar days. NOTE. All artwork (submitted by or created for the County) shall be returned to Palm Beach County, as sole owner, at no additional charge at contract termination. 41. SAMPLES (UPON REQUEST) Vendors shall provide, without cost to the County, samples of requested items. Samples may be used in addition to documentation provided by a vendor to show compliance to technical specifications. Upon request, the County will return undestroyed samples to the unsuccessful vendors, at the vendor's expense. Each individual sample must be labeled with vendor's name, manufacturer's brand name and number, RFQ number and item reference. Requests for return of samples must be received with the sample and shall include return instructions with shipping authorization and name of carrier. If these instructions are not received, the commodities shall be disposed of by Palm Beach County at its discretion. 42. AS SPECIFIED A term contract delivery order (DO)will be issued to the successful vendor with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful vendor, items not delivered as specified. Page 1054 of 1675 Page 7 43. QUANTITY The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, vendors are cautioned to respond in accordance with the unit specified on the response page. 44. RENEWAL OPTION The successful vendor shall be awarded a contract for twelve (12) months with the option to renew for four 4 additional twelve (12) month periods. The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if a vendor is suspended by the Purchasing Department prior to the commencement of the renewal period. 45. INFORMATION AND DESCRIPTIVE LITERATURE (Brand Name "or equal') Unless otherwise stated in these specifications, any manufacturer's names, trade names, brand names, information or catalog numbers listed in this specification are for information and not intended to limit competition. When the phrase "or equal" is used, the vendor may offer any manufacturer/brand for which they are an authorized dealer/distributor/reseller, which meets or exceeds the specifications for any item listed in the RFQ. When offering the "exact" manufacturer/brand and part/model number specified, vendor shall check the applicable box on the response page. When offering an "or equal" manufacturer/brand and part/model number, vendor shall check the applicable box on the response page, specifically, "OFFERING EQUAL PRODUCT" and enter the manufacturer/brand and manufacturer/brand part/model number in the spaces provided on the response page. If vendor fails to: (i)check the applicable box and (ii) if applicable, complete the manufacturer/brand offered and part/model number offered for an "or equal", the response shall be rejected. Unless offering the specified manufacturer/brand and part/model numbers, the vendor shall submit with their response, manufacturer cut sheets, sketches, descriptive literature and/or complete specifications for said item(s). Literature shall provide matching product numbers to those offered on the response page and sufficient detail to verify compliance to specifications. Reference to literature submitted with a previous RFQ/bid or literature which has been created by any entity other than the manufacturer shall not satisfy this provision. The County reserves the sole right to determine acceptance of the offered item(s)as an approved equal.The failure of the descriptive literature to show that the item(s) offered conforms to the requirements of this solicitation shall result in rejection. If offering an or equal, it is recommended to clearly note which item the information and descriptive literature provided pertains to (i.e. Lot #1, Item #3). If bidding on numerous items within a catalog, that catalog must clearly identify each individual item you are offering. If during evaluation it is not clearly identified, you will be considered non-responsive to the item. 46. WARRANTY The successful vendor shall furnish factory/manufacturer warranty on all items furnished hereunder against defect in materials and/or workmanship. The factory/manufacturer warranty shall become effective on the date of delivery and acceptance by Palm Beach County. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the successful vendor shall repair or replace same at no cost to Palm Beach County. Page 1055 of 1675 Page 8 47. PACKAGING/SHIPPING LABELS Each carton, case, and/or package delivered as a result of the contract shall include a shipping label and packing slip. Each shipping label shall specify the Purchase Order number, and the carton/case/package number per total number of cartons/cases/packages shipped for the order. Each packing slip (and all required copies) shall specify the successful vendors name, part number, part description, and the quantity for each part delivered. Parts delivered in the original manufacturer's cartons/cases/packages are acceptable, and each carton/case/package shall be labeled or marked with specific information including but not limited to manufacturer's name, part number, product type and style, brand name, size, weight, dimensions, compositional materials, and carton/case/package quantity. Page 1056 of 1675 Page 9 SPECIFICATIONS RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this Request for Quotation (RFQ) is to secure firm fixed pricing for the purchase of work uniforms and clothing, including fire resistant, to meet the apparel needs of Palm Beach County. COUNTY'S RESPONSIBILITIES Palm Beach County shall place orders on an "as needed" basis. SUCCESSFUL VENDOR'S RESPONSIBILITIES The successful vendor shall adhere to all terms, conditions and specifications set forth herein. The successful vendor shall provide contact names, phone numbers, fax numbers and email addresses and shall be available at all times to answer questions as needed regarding orders prior to and after issuance of delivery order(DO)from requesting department. GENERAL All clothing, as applicable, shall meet or exceed industry standards for fabric thread count, tensile/tear strength, pilling, abrasive resistance, wrinkle recovery, creasing and soil release finish (VISA or equal). Fire resistant clothing (Lot#7)shall minimally meet the National Fire Protection Association (NFPA) STANDARD 70E. Additionally, the finished clothing shall also meet or exceed industry standards for washing, shrinkage, stitching and fit/sizing. All clothing shall have permanently affixed labels, which include size, fiber content, care instructions. The selections for fire resistant clothing shall also have identifying tags indicating compliance with the NFPA 70E, or equivalent, and state the Arc Thermal Protective Value (ATPV)or Energy Breakopen Threshold (EBT)values. Clothing offered shall carry standard warranties. Buttons and zippers shall be appropriate for each piece of clothing. Successful vendor shall be required to provide, at no additional charge, simple alterations/hemming and the affixing of County supplied patches at the user's request. The above are considered minimum requirements and are not meant to be all-inclusive. NO IRREGULAR CUTS OR SECONDS Sizes: The full range of sizes including tall, half sizes, regular and form fit, where appropriate, shall be offered. Vendors shall take into consideration when providing prices for larger sizes (2XL and up)that this shall include all sizes available by the manufacturer for the product offered. Sizes not available by the manufacturer are considered custom and shall not be included in the contract. Embroidery: The majority of finished clothing shall require embroidery of names, titles, logos, etc. Therefore, the successful vendor shall be required to provide this service. Established prices for embroidery are: Embroidery: $.20 per letter and $7.00 per logo Samples and/or artwork will be supplied by the County. Charges for embroidery shall be noted on each invoice as separate line items. Page 1057 of 1675 Page 10 Sewing on Patches: Clothing requiring patches shall be sewn on at NO ADDITIONAL CHARGE to the County. The requesting County department shall supply the successful vendor(s)with a large stock of patches at the beginning of the contract to be used throughout the term. Requesting departments shall replenish the successful vendor with patches in the event they run out. At the end of the contract, the successful vendor shall return all unused patches to the user department. SPECIFICATIONS INFORMATION AND DESCRIPTIVE LITERATURE (Brand Name "or equal") Unless otherwise stated in these specifications, any manufacturer's names, trade names, brand names, information or catalog numbers listed in this specification are for information and not intended to limit competition. When the phrase "or equal" is used, the vendor may offer any manufacturer/brand for which they are an authorized dealer/distributor/reseller, which meets or exceeds the specifications for any item listed in the RFQ. When offering the "exact" manufacturer/brand and part/model number specified, vendor shall check the applicable box on the response page. When offering an "or equal" manufacturer/brand and part/model number, vendor shall check the applicable box on the response page, specifically, "OFFERING EQUAL PRODUCT" and enter the manufacturer/brand and manufacturer/brand part/model number in the spaces provided on the response page. If vendor fails to: (i)check the applicable box and (ii) if applicable, complete the manufacturer/brand offered and part/model number offered for an "or equal", the response shall be rejected. Unless offering the specified manufacturer/brand and part/model numbers, the vendor shall submit with their response, manufacturer cut sheets, sketches, descriptive literature and/or complete specifications for said item(s). Literature shall provide matching product numbers to those offered on the response page and sufficient detail to verify compliance to specifications. Reference to literature submitted with a previous RFQ/bid or literature which has been created by any entity other than the manufacturer shall not satisfy this provision. The County reserves the sole right to determine acceptance of the offered item(s)as an approved equal.The failure of the descriptive literature to show that the item(s) offered conforms to the requirements of this solicitation shall result in rejection. If offering an or equal, it is recommended to clearly note which item the information and descriptive literature provided pertains to (i.e. Lot #1, Item #3). If bidding on numerous items within a catalog, that catalog must clearly identify each individual item you are offering. If during evaluation it is not clearly identified, you will be considered non-responsive to the item. Items offered shall meet or exceed all industry standards of the stated manufacturer/brand names and product numbers, as well as the salient characteristics listed below: LOT#1: SHIRTS, UNIFORM 1. SHIRT, MEN'S, SHORT SLEEVE, TACT SQUAD #8013, OR EQUAL: Style: Dress type shirt Fabric: 65% Dacron Polyester/35% Combed Cotton Sleeve: Sleeve length shall be appropriate and graduated according to product offered size Collar: Die cut and die creased convertible collar with sewn-in stays, when appropriate by industry standards. Creases: Stitched in creases in back (three), front(two-one on each front to be centered with each flap/pocket pleat). Pockets: Two breast pockets with box pleats (to prevent excessive spreading)and flaps, when appropriate by industry standards, sewn in pencil slot and closures. Straight and scalloped flaps to be available. Shoulder/Straps Epaulets: Straps to measure approx. 2" at sleeve and taper to approx. 1-1/2". Shoulder strap shall be "X" stitched. Page 1058 of 1675 Page 11 Badge Holder: Inside sling type badge holder of self-goods approx. 1-1/2"wide to extend from joining seam to pocket of left front. Two small thread eyelets approx. 1-1/4" apart with the lower eyelet approx 1" above the flap on a vertical line with pocket pleat. Colors: White, and others as available 2. SHIRT, MEN'S, LONG SLEEVE, TACT SQUAD #8003, OR EQUAL: Specifications same as item#1 noting the following unique requirements: Collar: Banded collar Sleeve: Sleeves shall be straight with placket. Cuffs shall be approx. 3" wide and close with button(s). Elbow reinforcement patches (approx. 51/2" x 41/2"), when appropriate by industry standards, shall be set over sleeve placket on both sleeves. Colors: White, and others as available 3. SHIRT, MEN'S, LONG SLEEVE, PORT AUTHORITY#S646, OR EQUAL: Style: Lightweight stretch poplin shirt Fabric: 70% cotton/27% polyester/3% spandex Sleeve: Button-through sleeve plackets, adjustable cuffs, Sleeve length shall be appropriate and graduated according to clothing size Collar: Open collar with stays Creases: 2 back pleats Pocket: One pocket on left front chest Colors: White, and others as available 4. SHIRT,WOMEN'S, LONG SLEEVE, PORT AUTHORITY#L646, OR EQUAL: Style: Lightweight stretch poplin shirt Fabric: 70% cotton/27% polyester/3%spandex Sleeve: Button-through sleeve plackets, adjustable cuffs, Sleeve length shall be appropriate and graduated according to clothing size Collar: Open Creases: Front and back darts Colors: White, and others as available LOT#2: SHIRTS, WORK 1. SHIRTS, MEN'S, SHORT SLEEVE, 65% POLYESTER/35% COTTON, RED KAP#SP24, OR EQUAL: Style: Button Front, Long Body Fabric: 65% Polyester/35% Cotton Sleeve: Sleeve length shall be appropriate and graduated according to clothing size Collar: Collar double stitched at neck connection with collar saver inserts (sewn in stays) Pockets: Two breast pockets, button closures and pencil slot on left pocket Colors: White, Light Blue, Light Green, and others as available 2. SHIRTS, MEN'S, LONG SLEEVE, 65% POLYESTER/35% COTTON, RED KAP #SP14, OR EQUAL: Specifications are same as Item#1 noting the following unique requirements: Collar: Banded Collar Sleeve: Sleeves shall be straight with placket. Cuffs shall be approximately 3" wide, and close with button(s). Sleeve length shall be appropriate and graduated according to clothing size. Colors: White, Light Blue, Light Green, and others as available 3. SHIRTS, MEN'S, SHORT SLEEVE, 100% COTTON, RED KAP #SC40, OR EQUAL: Style: Wrinkle Resistant 100% Cotton Work Shirt Fabric: 6 oz. Twill Sleeve: Sleeve length shall be appropriate and graduated according to clothing size Blend: 100%Wrinkle Resistant Cotton Page 1059 of 1675 Page 12 Finish: Pre-cure durable press, easy care/tunnel finish Closure: Seven buttons w/vertical buttonholes, button at neck Collar: Two-piece, lined collar, sewn-in stays Pocket: Two button-thru hex style pockets w/angled bartacks, batracked pencil stall in left pocket Facing: Stitched-down front; Separate two-piece yoke Colors: White, Spruce Green, and others as available 4. SHIRTS, MEN'S, LONG SLEEVE, 100% COTTON, RED KAP#SC30, OR EQUAL: Specifications are same as Item#3 noting the following unique requirements: Sleeve: Sleeves shall be straight with placket. Cuffs shall be approximately 3" wide, and close with button(s). Sleeve length shall be appropriate and graduated according to clothing size. 5. SHIRTS, MEN'S, SHORT SLEEVE, 100% POLYESTER, HARRINTON KEY WEST#M580, OR EQUAL: Fabric: 100% Polyester Lining: 100% polyester ripstop Style: 100% polyester mesh in upper back Pocket: Chest pocket with pen slots and pocket flaps Closure: Full button closure Collar: Structured collar with integrated collar stays Vent: Vented armpit Colors: White, Tan, and others as available 6. SHIRTS,WOMEN'S, SHORT SLEEVE, 65% POLYESTER/35% COTTON, RED KAP#SP23, OR EQUAL: Specifications are same as Item#1 noting the following unique requirements: Collar: Convertible Collar Sleeve length: Sleeve length shall be appropriate and graduated according to clothing size. 7. SHIRTS,WOMEN'S, LONG SLEEVE, 65% POLYESTER/35% COTTON, RED KAP #SP13, OR EQUAL: Specifications are same as Item#1 noting the following unique requirements: Collar: Convertible Collar Sleeve: Sleeves shall be straight with placket. Cuffs shall be approximately 3" wide, and close with button(s). Sleeve length shall be appropriate and graduated according to clothing size. LOT#3: PANTS, MEN'S 1. PANTS, MEN'S, INDUSTRIAL, LOW RISE, MODERN FIT, 65% POLYESTER/35% COTTON, RED KAP #PT22, OR EQUAL: Fabric: 7.5 oz. Twill Blend: 65% Polyester/35% Combed Cotton Care: Industrial Wash, Light Soil, or Home Wash Style: Heavy-duty brass ratcheting zipper, hook-and-eye closure; durable press; Two slack style front pockets, two set-in hip pockets, left to have button closure. Hem Size: Hem size will be provided at time order is placed. Colors: Navy Blue, and others as available 2. PANTS, MEN'S,WORK, PLEATED FRONT, 65% POLYESTER/35% COTTON, RED KAP #PT32, OR EQUAL: Fabric: 7.5 oz. Twill Blend: 65% polyester/35% cotton Style: Post-cure durable press; Slight Taper, Two slack style front pockets, two set-in hip pockets, left has button closure; Heavy Duty brass ratcheting zipper, button closures; Inter lined waistband for body and shape, folder set band w/outlet. Page 1060 of 1675 Page 13 Hem Size: Hem size will be provided at time order is placed. Colors: Navy Blue, and others as available 3. PANTS, MEN'S,WRINKLE RESISTANT, PLAIN FRONT, 100% COTTON, RED KAP#PC20, OR EQUAL: Fabric: 8.5 oz. Twill Blend: 100% Cotton Finish: Optimum colorfastness Care: Home or Industrial wash Style: Two slack style front pockets, two set-in hip pockets, Synthetic blend pocketing and waistband trim Pressing recommended; Heavy duty brass, ratcheting zipper, button closures. Hem Size: Hem size will be provided at time order is placed. Colors: Navy Blue, Spruce Green, and others as available 4. PANTS, MEN'S, PLEATED FRONT, 100% COTTON, RED KAP #PC46, OR EQUAL: Fabric: 7.5 oz. Twill Blend: 100% Cotton with Mechanical Stretch Care: Home Wash or Light Soil Wash. Style: Brass zipper and button closure; Two Slack style front pockets; Two Set-in hip pockets; Continuous one-piece folder set waistband. Hem Size: Hem size will be provided at time order is placed. Colors: Navy Blue, Spruce Green, and others as available 5. PANTS, MEN'S, INDUSTRIAL, 65% POLYESTER/35% COTTON TWILL, RED KAP#PT20, OR EQUAL: Style: Uniform trousers with straight leg. All stress points shall be bartacked for added strength. Fabric: 65% polyester- 35% cotton twill Pockets: Plain front with two quarter top front pockets and two hip pockets (left hip pocket shall have a button closure). Pockets must be reinforced for added strength Belt Loops: Minimum of 7 belt loops approx. 3/4"wide and 2" long sewn into the waistband. Waistband: Waistband shall be designed with stretch capability and having full recovery, when appropriate by industry standards. Hem Size: Hem size will be provided at time order is placed Colors: Navy Blue, Spruce Green, Khaki, and others as available 6. PANTS, MEN'S, BATTLE DRESS, 65% POLYESTER/35% COTTON, PROPPER BDU #F5201, OR EQUAL: Fabric: Battle Rip TM 65% Polyester, 35% Cotton Ripstop Design: Battle Dress Uniform Pant for Park Ranger's use. The trouser shall have a buttonhole fly, adjustable waist, right and left hip pockets with flaps, side hanging pockets, right and left cargo pockets with flaps, seat patches, knee patches and nylon drawstring leg closures, fused, knotted and tacked. Buckles: The buckles for waist adjustment straps shall be tongue-less, 4 bar tacks. Pockets: Six pockets, four with button flaps with fused pocket flaps. Sewing: The trouser must meet or exceed Military Specification MIL-T-44047E. Fly: The trouser shall have a four button fly. Hem Size: Hem size will be provided at time order is placed Colors: Olive, and others as available LOT#4: PANTS, WOMEN'S 1. PANTS,WOMEN'S, PLAIN FRONT, 100% COTTON, RED KAP#PC45, OR EQUAL: Fabric: 7.5 oz. Twill Blend: 100% Cotton with mechanical stretch Care: Home Wash or Light Soil Wash Style: Brass zipper and button closure; Slack-style front pockets and set-in hip pockets;two back pockets; Continuous one-piece folder-set waistband; Mechanical stretch Page 1061 of 1675 Page 14 Hem Size: Hem size will be provided at time order is placed Color: Navy Blue, and others as available 2. PANTS,WOMEN'S, PLEATED FRONT, 65% POLYESTER/35% COTTON, RED KAP #PT39, OR EQUAL: Fabric: 8oz. Twill, 65% Polyester/35% Combed Cotton Style: 34" Unfinished inseam; Post-cured durable press finish; Relaxed loose fit; Brass ratcheting zipper, hooked button closures; two slack style front pockets, set-in hip pocket, left has button closure, Double front pleats. Hem Size: hem size will be provided at time order is placed Color: Navy Blue, and others as available 3. PANTS,WOMEN'S, INDUSTRIAL WORK, PLAIN FRONT, 65% POLYESTER/35% COTTON, RED KAP#PT21, OR EQUAL: Fabric: 8 oz. Twill Blend: 65% Polyester/35% Cotton Finish: Post-cure durable press Style: Industrial Work, two slack style front pockets, two hip pockets, Heavy duty brass ratcheting zipper, button closures Hem Size: hem size will be provided at time order is placed Color: Navy Blue, and others as available 4. WOMEN'S JEANS, RED KAP#PD63, OR EQUAL: Style: Straight Fit; pre-washed; Indigo; 100% Cotton, Denim, Wrangler Style; available in all standard sizes and lengths. LOT#5: SHORTS 1. SHORTS, MEN'S, PLAIN FRONT, 100% COTTON, RED KAP #PC26, OR EQUAL: Fabric: 8.5 oz. Twill Blend: 100% cotton with mechanical stretch Style: 10" inseam; Plain front; Front and back pockets; Premium soft hand cotton Color: Navy Blue, and others as available 2. SHORTS, MEN'S, MULTI-USE POCKET, PLAIN FRONT, 65% POLYESTER/35% COTTON, DICKIES#LR642, OR EQUAL: Fabric: 7 3/4 oz. Twill Blend: 65% Polyester/35% Cotton Style: Relaxed fit; E-Z Touch fabric w/StayDark technology (or similar); Permanent press post cured finish; Metal tack button waist closure; Wider, stronger belt loops; Crotch gusset; Reinforced front pockets Color: Navy Blue, Gray, Black, and others as available 3. SHORTS, MEN'S, 5.11 TACTICAL TACLITE PRO#73287, OR EQUAL: Style: Tactical shorts, color OD Green, inseam 9.5" Fabric: 6.14 oz. polyester/cotton TACLITEO, or equal, ripstop fabric Pockets: Traditional multi-pocket uniform design. Front: Top slash pockets with two front patch pockets. With flap closure and separate knife/phone pocket. Rear: Side slash pockets with utility strap. Belt loops: 5 large tunnel belt loops to accommodate utility belt Stitching: Triple stitching, double seat and 45 bartacks Color: Navy Blue, Black, Khaki, Green, and others as available Page 1062 of 1675 Page 15 4. SHORTS,WOMEN'S, 5.11 TACTICAL TACLITE PRO #63071, OR EQUAL: Style: Tactical shorts, color OD Green, inseam 9" Fabric: 6.14 oz. polyester/cotton TACLITEO, or equal, ripstop fabric Pockets: Traditional multi-pocket uniform design. Front: Top slash pockets with two front patch pockets. With flap closure and separate knife/phone pocket. Rear: Side slash pockets with utility strap. Belt loops: 5 large tunnel belt loops to accommodate utility belt Stitching: Triple stitching, double seat and 45 bartacks Color: Navy Blue, Black, Khaki, Green, and others as available LOT#6: JACKETS 1. JACKET, "IKE", UNLINED, EAGLE WORK CLOTHES#JLIDC, OR EQUAL: Fabric: 7 to 8 ounce twill consisting of 65% polyester and 35% combed cotton Style: Full zipper closure; Brass zipper closure; Two piece top stitched collar with sewn in stays; Two slash pockets; Button closure cuffs; Adjustable button tab waistband Length: 25 3/4" length for size "Large" (appropriate according to size) Facing: To include "zip in/zip out" liner track Color: Navy Blue, Spruce Green, and other as available 2. JACKET LINING, ZIP IN/ZIP OUT, EQUAL WORK CLOTHES#LINERV, OR EQUAL: Fabric: Taffeta fabric consisting of 100% polyester tricot or 100 nylon Insulation: Polyurethane insulation foam that fits into unlined jacket(above Item#1) Zipper: Zipper track 3. JACKET, TEAM, 100% NYLON, LINED,W/HOOD, PORT AUTHORITY#JP56, OR EQUAL: Fabric: 100%Teklon nylon shell Lining: Sweatshirt fabric body and hood lining, 100% polyester sleeve lining Hood: Drawcord hood Pockets: Slash pockets; Interior pocket with hook and loop closure; Port Pocket for easy embroidery access Cuff: Elastic cuffs with adjustable hook and loop closures Hem: Open hem with drawcord and toggle Color: Hunter Green, and others as available LOT#7: FIRE RESISTANT PRODUCTS (All items shall meet NFPA 70 E Safety Standards) 1. JEANS, DENIM, BULWARK#PEJ4DW, OR EQUAL: Style: Straight leg Fabric: Excel FR (or equal) 14.75 oz. 100% Cotton Denim Arc Rating: 20 minimum; or NFPA 70E: HRC 2; ATPV 12.4 minimum Pockets: Five jean style pockets- NO TOOL pockets. Belt Loops: Minimum of six(6) belt loops. 2. PANTS,WORK, INDUSTRIAL, FULL CUT, BULWARK#PEW2KH, OR EQUAL: Style: Straight leg Fabric: Excel FR (or equal) 9 oz. Twill, 100% Cotton Arc Rating: 10 minimum; or NFPA 70E: HRC 2; ATPV 15.0 minimum Pockets: Two side pockets and two (2) back pockets - NO TOOL pockets. Belt Loops: Minimum of six(6) belt loops Color: Navy Blue, Khaki and others as available Page 1063 of 1675 Page 16 3. SHIRTS,WORK, LONG SLEEVE, BUTTON FRONT, BULWARK#SLU2LB, OR EQUAL: Style: Button Front Fabric: Excel FR (or equal), 7 oz. 88% Cotton 12% Nylon Arc Rating: 8.5 minimum; or NFPA 70E: HRC 2; ATPV 8.5 minimum Collar: Topstitched banded collar Sleeve: Sleeves shall be straight with placket. Cuffs shall be topstitched with button closure Color: Navy Blue, Khaki, and others as available 4. JACKETS, BOMBER, DUCK LINED, BULWARK#JLB8BD, OR EQUAL: Outershell: Excel FR (or equal) 11.5 oz. Duck, deep pleated in the back for added mobility Lining: 7 oz. 100% Cotton Arc Rating: 35.0 minimum; or NFPA 70E: HRC 2; ATPV 19.2 minimum Style: Waist-length, banded jacket. Concealed snap closure on cuffs. Pockets: Two large external pockets; on inside chest pocket Zipper: Non-conductive brass Sizes: Regular and Long Color: Brown, and others as available 5. JACKETS, LINED BOMBER, BULWARK#JLJ8NV, OR EQUAL: Outershell: Excel FR (or equal), 7 oz. Twill Lining: Flame resistant 7 oz. 100% Cotton Arc Rating: 30 minimum or NFPA 70E: HRC 2; ATPV 19.2 minimum Style: Brass zipper front. Elasticized waistband and wrists cuffs. Pockets: Large front pouch pockets Sizes: Regular and Long Color: Navy Blue, and others as available 6. HOOD (For Item #5), BULWARK#HLH2RB, OR EQUAL: Outershell: Excel FR (or equal) 7 oz. Twill 88% Cotton 12% Nylon Lining: Wate resistant 100% Cotton Arc Rating: 42 minimum or NFPA 70E: HRC 2; ATPV 19.2 minimum Style: Snap-On closure at front neck; drawstring around face opening; fits jacket(Item#5) Color: Navy Blue, and others as available LOT#8: BELT 1. BELT, BALLISTIC, NYLON, DUTYMAN #750, OR EQUAL: Style: 2 '/4"wide made of polypropylene webbing Fabric: Consists of three layers: ■ First is 1.5mm of webbing ■ Second is 1.2mm of fiber board ■ Third is 1.5mm of webbing Edging: Entire belt is edged with nylon cloth sewn on with 4 gram stitching Buckle: Secured with a plastic buckle Adjustment: Approximately three inches on each side 2. BELT, LINER, INNER, DUTYMAN #751, OR EQUAL: Fabric: 1/2" Ballistic nylon inner liner Closure: Hook & loop closure Style: Designed to wear with Item#8 Belt Page 1064 of 1675 Page 17 COUNTY ACCEPTANCE Delivered items shall not be considered "accepted" until an authorized agent for the County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The County may return, at the expense of the successful bidder and for a full refund, any item(s) received which fails to meet the County's specifications or performance standards. PAYMENT Payment is based on the prices provided on the response page. No additional compensation shall be offered or paid unless noted above. Page 1065 of 1675 Page 18 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#1: SHIRTS, UNIFORM ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. SHIRT, MEN'S, SHORT SLEEVE, TACT SQUAD #8013, OR EQUAL, as specified herein. Sizes S—XL 115 EA $ $ Sizes 2XL—6XL 50 EA $ $ Check one of the following: ❑ OFFERING TACT SQUAD#8013 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS 2. SHIRT, MEN'S, LONG SLEEVE, TACT SQUAD #8003, OR EQUAL, or equal, as specified herein. Sizes S—XL 5 EA $ $ Sizes 2XL—6XL 2 EA $ $ Check one of the following: ❑ OFFERING TACT SQUAD#8003 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1066 of 1675 Page 19 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. SHIRT, MEN'S, LONG SLEEVE, PORT AUTHORITY#S646, OR EQUAL, as specified herein. Sizes S—XL 5 EA $ $ Sizes 2XL—4XL 2 EA $ $ Check one of the following: ❑ OFFERING PORT AUTHORITY#S646 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS 4. SHIRT, WOMEN'S, LONG SLEEVE, PORT AUTHORITY#L646, OR EQUAL, as specified herein. Sizes S—XL 5 EA $ $ Sizes 2XL—4XL 2 EA $ $ Check one of the following: ❑ OFFERING PORT AUTHORITY#L646 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS TOTAL OFFER LOT#1: $ All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1067 of 1675 Page 20 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#2: SHIRTS,WORK ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. SHIRTS, MEN'S, SHORT SLEEVE, 65% POLYESTER/35% COTTON, RED KAP#SP24, OR EQUAL, as specified herein. Sizes S—XL 235 EA $ $ Sizes S—XL, Long Back Length, 1-1/2" 15 EA $ $ Sizes 2XL—6XL 50 EA $ $ Sizes 2XL—4XL, Long Back Length, 1-1/2" 40 EA $ $ Check one of the following: ❑ OFFERING RED KAP#SP24 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFR/BRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS 2. SHIRTS, MEN'S, LONG SLEEVE, 65% POLYESTER/35% COTTON, RED KAP#SP14, OR EQUAL, or equal, as specified herein. Sizes S—XL 200 EA $ $ Sizes S—XL, Long Back Length, 1-1/2" 20 EA $ $ Sizes 2XL—6XL 40 EA $ $ Sizes 2XL—4XL, Long Back Length, 1-1/2" 10 EA $ $ Check one of the following: ❑ OFFERING RED KAP#SP14 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFR/BRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1068 of 1675 Page 21 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. SHIRTS, MEN'S, SHORT SLEEVE, 100% COTTON, RED KAP#SC40, OR EQUAL, as specified herein. Sizes S—XL 100 EA $ $ Sizes S—XL, Long Back Length, 1-1/2" 10 EA $ $ Sizes 2XL—3XL 5 EA $ $ Sizes 2XL—3XL, Long Back Length, 1-1/2" 10 EA $ $ Check one of the following: ❑ OFFERING RED KAP#SC40 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS 4. SHIRTS, MEN'S, LONG SLEEVE, 100% COTTON, RED KAP#SC30, OR EQUAL, as specified herein. Sizes S—XL 35 EA $ $ Sizes S—XL, Long Back Length, 1-1/2" 15 EA $ $ Sizes 2XL—3XL 15 EA $ $ Sizes 2XL—3XL, Long Back Length, 1-1/2" 15 EA $ $ Check one of the following: ❑ OFFERING RED KAP#SC30 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1069 of 1675 Page 22 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 5. SHIRTS, MEN'S, SHORT SLEEVE, 100% POLYESTER, HARRINTON KEY WEST#M580, OR EQUAL, as specified herein. Sizes S—XL 35 EA $ $ Sizes 2XL—4XL 15 EA $ $ Check one of the following: ❑ OFFERING HARRINTON KEY WEST#M580 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL#OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS 6. SHIRTS, WOMEN'S, SHORT SLEEVE, 65% POLYESTER/35% COTTON, RED KAP#SP23, OR EQUAL, as specified herein. Sizes S—XL 10 EA $ $ Sizes 2XL—4XL 2 EA $ $ Check one of the following: ❑ OFFERING RED KAP#SP23 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1070 of 1675 Page 23 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 7. SHIRTS, WOMEN'S, LONG SLEEVE, 65% POLYESTER/35% COTTON, RED KAP#SP13, OR EQUAL, as specified herein. Sizes S—XL 5 EA $ $ Sizes 2XL—3XL 2 EA $ $ Check one of the following: ❑ OFFERING RED KAP#SP13 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS TOTAL OFFER LOT#2: $ All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1071 of 1675 Page 24 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#3: PANTS, MEN'S ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. PANTS, MEN'S, INDUSTRIAL, LOW RISE, MODERN FIT, 65% POLYESTER/35% COTTON, RED KAP#PT22, OR EQUAL, as specified herein. Sizes 28- 38 255 EA $ $ Sizes 40-46 85 EA $ $ Check one of the following: ❑ OFFERING RED KAP#PT22 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS 2. PANTS, MEN'S, WORK, PLEATED FRONT, 65% POLYESTER/35% COTTON, RED KAP#PT32, OR EQUAL, or equal, as specified herein. Sizes 28- 38 125 EA $ $ Sizes 40-44 40 EA $ $ Check one of the following: ❑ OFFERING RED KAP#PT32 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1072 of 1675 Page 25 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. PANTS, MEN'S, WRINKLE RESISTANT, PLAIN FRONT, 100% COTTON, RED KAP#PC20, OR EQUAL, as specified herein. Sizes 28- 38 65 EA $ $ Sizes 40—56 ( Navy Blue) 20 EA $ $ Sizes 40—44 (Spruce Green) Check one of the following: ❑ OFFERING RED KAP#PC20 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS 4. PANTS, MEN'S, PLEATED FRONT, 100% COTTON, RED KAP#PC46, OR EQUAL, as specified herein. Sizes 28-38 15 EA $ $ Sizes 40 -44 2 EA $ $ Check one of the following: ❑ OFFERING RED KAP#PC46 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1073 of 1675 Page 26 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 5. PANTS, MEN'S, INDUSTRIAL, 65% POLYESTER/ 35% COTTON TWILL, RED KAP#PT20, OR EQUAL, as specified herein. Sizes 28- 38 5 EA $ $ Sizes 40 - 54 2 EA $ $ Check one of the following: ❑ OFFERING RED KAP#PT20 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS 6. PANTS, MEN'S, BATTLE DRESS, 65% POLYESTER/35% COTTON, PROPPER BDU #F5201, OR EQUAL, as specified herein. Sizes S—XL 70 EA $ $ Sizes 2XL—4XL 15 EA $ $ Check one of the following: ❑ OFFERING PROPPER BDU #F5201 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS TOTAL OFFER LOT#3: $ All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1074 of 1675 Page 27 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#4: PANTS,WOMEN'S ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. PANTS, WOMEN'S, PLAIN FRONT, 100% COTTON, RED KAP#PC45, OR EQUAL, as specified herein. Sizes 4 - 14 5 EA $ $ Sizes 16-24 2 EA $ $ Check one of the following: ❑ OFFERING RED KAP#PC45 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS 2. PANTS, WOMEN'S, PLEATED FRONT, 65% POLYESTER/35% COTTON, RED KAP#PT39, OR EQUAL, or equal, as specified herein. Sizes 4 - 14 5 EA $ $ Sizes 16 -22 2 EA $ $ Check one of the following: ❑ OFFERING RED KAP#PT39 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1075 of 1675 Page 28 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. PANTS, WOMEN'S, INDUSTRIAL WORK, PLAIN FRONT, 65% POLYESTER/35% COTTON, RED KAP#PT21, OR EQUAL, as specified herein. Sizes 2 - 14 5 EA $ $ Sizes 16 -24 2 EA $ $ Check one of the following: ❑ OFFERING RED KAP#PT21 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS 4. WOMEN'S JEANS, RED KAP#PD63, OR EQUAL, as specified herein. Sizes 4 - 14 5 EA $ $ Sizes 16 -22 2 EA $ $ Check one of the following: ❑ OFFERING RED KAP#PD63 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS TOTAL OFFER LOT#4: $ All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1076 of 1675 Page 29 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#5: SHORTS ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. SHORTS, MEN'S, PLAIN FRONT, 100% COTTON, RED KAP#PC26, OR EQUAL, as specified herein. Sizes 28-42 5 EA $ $ Sizes 44 - 50 2 EA $ $ Check one of the following: ❑ OFFERING RED KAP#PC26 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS 2. SHORTS, MEN'S, MULTI-USE POCKET, PLAIN FRONT, 65% POLYESTER/35% COTTON, DICKIES#LR642, OR EQUAL, or equal, as specified herein. Sizes 28-42 5 EA $ $ Sizes 44 - 50 2 EA $ $ Check one of the following: ❑ OFFERING DICKIES#LR642 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1077 of 1675 Page 30 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. SHORTS, MEN'S, 5.11 TACTICAL TACLITE PRO #73287, OR EQUAL, as specified herein. Sizes 28- 38 45 EA $ $ Sizes 40 -44 15 EA $ $ Check one of the following: ❑ OFFERING 5.11 TACTICAL#73287 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS 4. SHORTS, WOMEN'S, 5.11 TACTICAL TACLITE PRO#63071, OR EQUAL, as specified herein. Sizes 28- 38 10 EA $ $ Sizes 40 -44 5 EA $ $ Check one of the following: ❑ OFFERING 5.11 TACTICAL#63071 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS TOTAL OFFER LOT#5: $ All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1078 of 1675 Page 31 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#6: JACKETS ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. JACKET, "IKE", UNLINED, EAGLE WORK CLOTHES#JLIDC, OR EQUAL, as specified herein. Sizes XS—XL 4 EA $ $ Sizes 2XL—5XL 2 EA $ $ Check one of the following: ❑ OFFERING EAGLE WORK CLOTHES#JLIDC OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS 2. JACKET LINING, ZIP IN/ZIP OUT, EQUAL WORK CLOTHES #LINERV, OR EQUAL, or equal, as specified herein. Sizes S—XL 2 EA $ $ Sizes 2XL—4XL 1 EA $ $ Check one of the following: ❑ OFFERING EQUAL WORK CLOTHES#LINERV OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1079 of 1675 Page 32 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. JACKET, TEAM, 100% NYLON, LINED, W/HOOD, PORT AUTHORITY#JP56, OR EQUAL, as specified herein. Sizes XS—XL 30 EA $ $ Sizes 2XL—3XL 10 EA $ $ Sizes 4XL—6XL 2 EA $ $ Check one of the following: ❑ OFFERING PORT AUTHORITY#JP56 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS TOTAL OFFER LOT#6: $ All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1080 of 1675 Page 33 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#7: FIRE RESISTANT PRODUCTS ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. JEANS, DENIM, BULWARK#PEJ4DW, OR EQUAL, as specified herein. Sizes 28-40 35 EA $ $ Sizes 42 -48 2 EA $ $ Check one of the following: ❑ OFFERING BULWARK#PEJ4DW OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS 2. PANTS, WORK, INDUSTRIAL, FULL CUT, BULWARK#PEW2KH, OR EQUAL, or equal, as specified herein. Sizes 28-40 5 EA $ $ Sizes 42 -48 1 EA $ $ Check one of the following: ❑ OFFERING BULWARK#PEW2KH OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1081 of 1675 Page 34 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 3. SHIRTS, WORK, LONG SLEEVE, BUTTON FRONT, BULWARK#SLU2LB, OR EQUAL, as specified herein. Sizes S—XL 15 EA $ $ Sizes 2XL—3XL 2 EA $ $ Check one of the following: ❑ OFFERING BULWARK#SLU2LB OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS 4. JACKETS, BOMBER STYLE, DUCK LINED, BULWARK#JLB8BD, OR EQUAL, as specified herein. Sizes S—XL 5 EA $ $ Sizes 2XL—3XL 1 EA $ $ Check one of the following: ❑ OFFERING BULWARK#JLB8BD OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME: Page 1082 of 1675 Page 35 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 5. JACKETS, LINED BOMBER, BULWARK#JLJ8NV, OR EQUAL, as specified herein. Sizes S—XL 3 EA $ $ Sizes 2XL—4XL 1 EA $ $ Check one of the following: ❑ OFFERING BULWARK#JLJ8NV OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS 6. HOOD (For Item#5), BULWARK#HLH2RB, OR EQUAL, as specified herein. One Size 1 EA $ $ Check one of the following: ❑ OFFERING BULWARK#HLH2RB OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFR F JBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS TOTAL OFFER LOT#7: $ Continued... FIRM NAME: Page 1083 of 1675 Page 36 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT LOT#8: BELTS ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 1. BELT, BALLISTIC, NYLON, DUTYMAN #750, OR EQUAL, as specified herein. Sizes S— L 10 EA $ $ Sizes XL—3XL 5 EA $ $ Check one of the following: ❑ OFFERING DUTYMAN #750 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFRIBRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURERIBRAND AND PART/MODEL NUMBERS Continued... FIRM NAME: Page 1084 of 1675 Page 37 RESPONSE PAGE RFQ #150899/CC WORK UNIFORMS &CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE OF, TERM CONTRACT ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION ESTIMATED UNIT PRICE OFFER QUANTITY 2. BELT, LINER, INNER, DUTYMAN #751, OR EQUAL, as specified herein. Sizes S— L 10 EA $ $ Sizes XL—3XL 5 EA $ $ Check one of the following: ❑ OFFERING DUTYMAN #751 OR ❑ OFFERING EQUAL PRODUCT MFR/BRAND OFFERED: (MUST BE FILLED IN) MFR/BRAND NAME/PART/MODEL# OFFERED: (MUST BE FILLED IN) (MFR/BRAND and MFR/BRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND AND PART/MODEL NUMBERS TOTAL OFFER LOT#8: $ All unit prices should be within two(2)decimal points. If vendor's pricing exceeds two (2)decimal points, Purchasing reserves the right to round up or down accordingly. Acknowledge Information and Descriptive Literature is attached and that the manufacturer/brand and part/model number offered matches the descriptive literature provided by vendor, per Term&Condition#45? YES/INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR RFQ) By signature on this document, vendor acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's RFQ solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to the submission time. Per General Term and Condition#33, if vendor is a Joint Venture for the goods/services described herein, vendor shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. FIRM NAME: (Enter the entire legal name of the quoting entity) DATE: * SIGNATURE: PRINT NAME: PRINT TITLE: ADDRESS: CITY/STATE: ZIP CODE: TELEPHONE# ( ) E-MAIL: TOLL FREE # ( ) FAX#: ( ) APPLICABLE LICENSES #: TYPE: FEDERAL ID# Page 1085 of 1675 Page 38 DRUG-FREE WORKPLACE CERTIFICATION RFQ #150899/CC IDENTICAL TIE BIDS/QUOTES - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/quotes the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however,that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2-80.21 thru 2-80.34. In the event tie bids/quotes are received from vendors who have not submitted with their bids/quotes a completed Drug-Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids/quotes. This Drug-Free Workplace Certification form must be executed and returned with the attached bid/quote, and received on or before the published bid/quote submission deadline to be considered. The failure to execute and/or return this certification shall not cause any bid/quote to be deemed non-responsive. Whenever two (2) or more bids/quotes which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid/quote received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number(1). (4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by the (Individual's Name) of (Title/Position with Company/Vendor) (Name of Company/Vendor) who does hereby certify that said Company/Vendor has implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes,which are identified in numbers (1) through (6) above. Signature Date Revised-11/16/16 Page 1086 of 1675 Page 39 CERTIFICATION OF BUSINESS LOCATION RFQ #150899/CC In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) quoters having a permanent place of business in Palm Beach County ("County") or(2) quoters having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, quoters must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the quoter to provide the goods/services being solicited by the County, and will be used to verify that the quoter had a permanent place of business prior to the issuance of the solicitation. The quoter must submit this Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the quoter to not receive a local preference. In instances where the quoter is exempt by law from the requirement of obtaining a Business Tax Receipt, the quoter must: (a)provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the quoter had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said quoters for additional information related to this requirement after the quote due date. I. Quoter is a: Local Business: A local business has a permanent place of business in Palm Beach County. (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. II. The attached copy of quoter's County Business Tax Receipt verifies quoter's permanent place of business. THIS CERTIFICATION is submitted by as (Name of Individual) of (Title/Position) (Firm Name of Quoter) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the quoter on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the quoter. (Signature) (Date) Page 1087 of 1675 6.0. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY17/18. EXPLANATION OF REQUEST: Accept third quarter report on operations of the Schoolhouse Children's Museum, the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission meeting. Report covers April 1, 2018 through June 30, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None ALTERNATIVES: Do not accept the report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment 3rd Quarter Schoohouse Children's Museum Report Page 1088 of 1675 Alk Schoolhouse MUSEUM & LEARNING CENTER Quarterly Report FY '17/'18 3rd Quarter General Operations The third quarter of the fiscal year showed improvement in Admissions, Group Visitation Income, Facilities/Parties and Membership Income as well as Revenue from Non-Government Grants compared with 3rd quarter '16/'17. Overall Visitation was up 9.2%. Membership unit sales were down slightly, however, the associated income was up by slightly as a result of categories sold. Revenue Gross revenue for the third quarter of'17/'18 was flat compared to the same period last year. Excluding the City's support, income from operations for FY '17/'18—Q3 was $114,362 vs$114,768 in FY '16/'17—Q3. Expenses Overall Expenses for the third quarter of'17/'18 remained lower compared to the same period last year. Expenses for FY '17/'18—Q3 were $115,791 vs. $119,323 in FY '16/'17—Q3. Programming In addition to regular educational programming and group visits, the following special events and programs were conducted. April • Focused Field Trip —April 2nd • Bridges Outreach —April 3rd • Fabulous Fun Friday—April 6th • Focused Field Trip —April 9th • Focused Field Trip —April 16th • Inca Meeting—April 16th • Bridges Outreach —April 17th • Fabulous Fun Friday—April 20th • Outreach —April 20th • Concert on the Green — PR Event—April 21St • Focused Field Trip —April 23rd • Focused Field Trip —April 30th Page 1089 of 1675 May • Fabulous Fun Friday— May 4th • Princess & Super Hero Day— May 5th • Focused Field Trip — May 7th • Mother's Day Tea — May 11th • Focused Field Trip — May 14th • Basic Field Trip - May 16th • Fabulous Fun Friday— May 18th • May 28th— Memorial Day— Museum Closed June • Focused Field Trip —June 4th • Bridges Outreach —June 5th • Focused Field Trip —June 7th • Outreach —June 8th • Special Program —ATime Remembered —June 8th • Focused Field Trip —June 11th • Focused Field Trip —June 14th • Fabulous Fun Friday—June 15th • Focused Field Trip —June 18th • Focused Field Trip —June 19th • Focused Field Trip —June 21St • Outreach —June 21St • Focused Field Trip —June 25th • Bridges Outreach —June 26th • Outreach —June 27th • Outreach —June 28th • Fabulous Fun Friday—June 29th Respectfully submitted, Suzanne Ross Executive Director Page 1090 of 1675 6.P. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the eight (8) month period ended May 31, 2018. EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the eight (8) month period ended May 31, 2018 (67% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: GENERALFUND FY 2017-18 FY 2016-17 FY 2018 vs. 2017 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 93,254 $ 74,695 80% $ 83,767 $ 67,004 80% 11.3% 11.5% &Transfers Expenditures $(93,254) $(58,165) 62% $(83,767) $(54,677) 65% 11.3% 6.4% Excess (Deficit) $- $ 16,530 $- $ 12,327 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $16.5M surplus for the period ending May 31, 2018. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $78.2M or 84% of our total $93.2M General Fund budget estimate for FY 2017- 18. Transfers from other funds (non-revenues) provide $15M or 16% of the total funding sources to balance our $93.2M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 36% - $ 34.OM —Property taxes less Tax Increment Financing to the CRA 2. 48% - $44.2M —All other revenues plus General Fund Balance 3. 16% - $ 15.OM —Transfers from other funds 100% - $ 93.2M —Total funding sources The property tax rate for FY 2017-18 is 7.9000 mills, no change from the prior year; the net property taxes of Page 1091 of 1675 $34.OM in FY 2017-18 represent an 7.77% increase in property tax revenue or an increase of$2.4M from FY 2016-17. To balance the budget in FY 2016-17, it required transfers from other funds of $15M representing 16% of all funding sources. Actual Funding Sources Realized: At the end of the eighth month in FY 2017-18, revenues and transfers realized are approximately $74.6M or 80% of the budget estimate compared to $67M or 80% realized to date in FY 2016-17. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $32.7M as compared to $30.5M for FY 2016-17, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 11.3% from $83.7M to $93.2M. The budget increase was due to the cost of doing business, Town Square project, providing funding related to wage increases, equipment and additional personnel. Actual Expenditures — General Fund expenditures for the eighth month period ending May 31 (67% of the fiscal year) are $58.1 M that is 62% of the $93.2M expenditure appropriation for FY 2017-18. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $58.1 M or 62% of the FY 2017-18 budget. At this point in the fiscal year, FY2017-18 spending levels are $3.5M ahead of the $54.6M or 65% expended in FY 2016-17 for this same period. UTILITY FUND The FY 2017-18 annual expenditure budget of $46.5M represents a $4.3M increase from the FY 2016-17 budget of $42.2M. The operational forecast reflects an estimated decrease of $442K of the fund balance for FY 2017-18, see Exhibit C. FY 2017-18 FY 2016-17 FY 2018 vs. 2017 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $46,544 $ 31,845 68% $42,245 $29,998 71% 10.2% 6.2% &Transfers Expenditures $(46,544) $ (29,198) 63% $(42,245) $(27,279) 65% 10.2% 7.0% Excess (Deficit) $- $ 2,647 $- $ 2,719 For the eighth month period in FY 2017-18, • Revenues realized are $31.8M (68%) of the annual budget estimate. • Expenditures incurred are $29.1 M (63%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $2.6M. Expenditures (Exhibit D)— Utility Fund FY 2017-18 expenditures to date are $29.1 M or 63% of the annual appropriation compared to expenditures of $27.2M or 65% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Page 1092 of 1675 ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum GF Statement of Revenues thru May 31, 2018 D Addendum GF Statement of Expenditures thru May 31, 2018 D Addendum OF Statement of Revenues thru May 31, 2018 D Addendum OF Statement of Expenditures thru May 31, 2018 Page 1093 of 1675 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31,2018(67%of Fiscal Year) REVENUES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES,net $ 41,458,358 $ 40,048,507 97% $ 38,322,309 37,267,885 97% LESS TIF TAXES TO CRA 7,360,831 (7,336,119) 100% 6,682,137 (6,682,137) 100% NET TAXES TO THE CITY 34,097,527 32,712,388 96% 31,640,172 30,585,748 97% LICENSES AND PERMITS BUSINESS TAXES 1,731,000 1,692,407 98% 1,656,000 1,628,204 98% BUILDING PERMITS 2,712,000 2,001,738 74% 2,417,000 1,528,206 63% FRANCHISE FEES 4,865,000 3,200,621 66% 5,065,000 2,998,163 59% OTHR LICENSES,FEES&PER 222,000 195,254 88% 218,000 206,814 95% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 32,594 38% 85,000 9,170 11% STATE SHARED REVENUES 8,677,000 5,876,584 68% 8,674,000 5,634,123 65% SHRD REV FROM OTHR LCL 335,000 107,240 32% 310,000 93,161 30% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 137,657 113% 121,300 134,833 111% CHRGS-GENERAL GOVT 507,800 343,009 68% 459,500 334,215 73% PUBLIC SAFETY 6,086,500 5,324,832 87% 5,133,816 5,265,680 103% PHYSICAL ENVIRONMENT 20,000 13,401 67% 20,000 1,850 9% CULTURE/RECREATION 428,700 297,467 69% 415,500 325,249 78% INTEREST&MISC REVENUE LIBRARY FINES 30,000 12,905 43% 30,000 14,757 49% VIOLATIONS LOCAL ORD. 643,000 138,869 22% 720,000 360,527 50% INTEREST EARNINGS 65,000 10,410 16% 50,000 43,812 88% RENTS AND ROYALTIES 368,800 342,143 93% 368,800 326,746 89% SPECIAL ASSESSMENTS 6,589,000 6,572,574 100% 5,541,500 5,431,755 98% SALE OF SURPLUS MATERIAL 1,500 1,600 107% 2,000 1,599 80% OTHER MISC.REVENUE 4,715,145 1,712,795 36% 2,725,000 275,750 10% INTERNAL FUND TRANSFERS TRANSFERS 15,067,850 10,045,233 67% 14,842,000 9,894,667 67% FUND BALANCE APPROPRIATED 5,884,506 3,923,004 67% 3,272,149 1,908,754 58% Total Revenues $ 93,253,628 $ 74,694,725 80% $ 83,766,737 67,003,783 80% $100,000 Two Year Cumulative Revenue Comparison and CFY $93,254 $90,000 -Budget-($in thousands) - - - - - - - - - v`O a $80,000 41 $70,000 ro $60,000 1 - ' $50,000 , 3 $40,000 30,000 I ' $20,000 - - - $10,000 $0 .......... ...T... ....: .... ......... ...mf ........................ Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep k3lllyl, 2016-17 Actual Cumulative 2017-18 Actual 2017-18 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ S:A FinanceTinancial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review-GF-thru May 18 Summarized001 Revenue Summary Revised Page. $094 of 1675 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31,2018(67%of Fiscal Year) EXPENDITURES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 267,301 $ 179,272 67% $ 259,706 $ 184,057 71% CITY MANAGER 746,362 499,095 67% 730,719 523,910 72% CITY HALL/GEN.ADMIN. 13,646,569 3,604,483 26% 7,367,149 1,506,466 20% MARKETING/COMMUNICATIONS 333,846 212,687 64% 258,615 189,177 73% TOWN SQUARE 0 75,764 0% 0 0 0% CITY CLERK 569,241 372,222 65% 531,665 350,518 66% CITY ATTORNEY 574,916 442,942 77% 522,411 317,154 61% FINANCIAL SERVICES 1,302,041 795,967 61% 1,034,767 738,853 71% ITS 2,454,516 1,385,853 56% 1,895,058 1,408,992 74% HUMAN RESOURCES 824,823 494,625 60% 724,830 497,115 69% PUBLIC SAFETY UNIFORM SERVICES 16,981,940 12,126,210 71% 16,758,211 11,856,055 71% ADMINISTRATIVE SERVICES 3,862,184 2,238,986 58% 3,534,348 2,513,170 71% SUPPORT SERVICES 9,608,962 6,935,306 72% 9,693,624 6,883,205 71% FIRE 23,514,949 17,208,141 73% 23,089,868 16,197,595 70% COMMUNITY STANDARDS 2,201,205 1,427,189 65% 1,871,683 1,185,054 0% EMERGENCY MANAGEMENT 22,320 4,406 20% 14,670 4,584 31% BUILDING&DEVELOPMENT DEVELOPMENT 1,136,941 789,683 69% 1,093,300 793,400 73% BUILDING 1,307,987 919,090 70% 1,389,088 884,424 64% ENGINEERING 622,155 390,919 63% 686,132 468,016 68% PLANNING&ZONING 756,125 487,145 64% 776,734 546,806 70% ECONOMIC DEVELOPMENT 412,318 201,756 49% 211,749 122,389 58% PUBLIC WORKS PUBLIC WORKS 154,775 197,536 128% 223,397 173,893 78% FACILITIES MANAGEMENT 2,005,233 1,100,541 55% 1,624,535 1,056,273 65% STREETS MAINTENANCE 1,236,275 657,631 53% 1,199,602 665,199 55% LEISURE SERVICES LIBRARY 2,315,127 1,552,032 67% 2,280,461 1,577,424 69% SCHOOLHOUSE MUSEUM SERV 254,971 171,374 67% 269,372 185,172 69% RECREATION 3,133,874 1,929,981 62% 2,905,081 1,985,998 68% PARKS&GROUNDS 3,006,672 1,748,346 58% 2,819,962 1,842,193 65% CRA REIMBURSABLE&RESERVES - 15,743 0% - 20,451 0% Total Expenditures $ 93,253,628 $ 58,164,925 62% �$-- 83 766 737 $ 54,677,543 65% $100,000 Two Year Cumulative Expenditure Comparison and $93,254 $90,000 3 CFY Budget--($in thousands) $80,000 3 b 5� $70,000 S1 $60,000 $50,000 i h�L1 $40,000 3 �tiry, �� r3 0 $30,000 1V `ry $20,000 a $10,000 $0 ........ .......... .... Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep (Cumulative 2016-17 Actual EM Cumulative 2017-18 Actual 2017-18 Budget S:TinanceTinancial ReportsWonthly Financial Reports\FY2017-2018\FY1718 Budget Review-GF-tlu May 18 Summarized001 Expenditure Summary Revised Page 1095 of 1675 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31,2018(67%of Fiscal Year) REVENUES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 21,675,000 $ 14,845,625 68% $ 20,250,000 $ 14,801,016 73 WATER CONNECTION FEE 150,000 35,340 24% 25,000 57,262 229 WATER SERVICE CHARGE 850,000 629,320 74% 750,000 678,585 90 WTR-BACKFLOW PREVNTR TEST 10,000 12,696 127% 10,000 9,500 95 RECLAIMED WATER SALES 64,000 224,720 351% 60,000 47,088 78 SEWER SERVICE 18,870,000 12,828,717 68% 18,500,000 12,641,337 68 STORMWATER UTILITY FEE 3,800,000 2,576,148 68% 3,800,000 2,550,525 67 TELEVISE SEWER LINES 5,000 8,574 171% 3,500 107 3 FEES 20,000 1,929 10% 15,000 4,150 28 INTEREST INCOME 35,000 (26,829) -77% 35,000 8,600 25% SALE OF SURPLUS EQUIP. 2,000 - 0% - 1,655 0 OCEAN RGE UT TAX ADM CHG 800 564 71% 800 483 60 MISCELLANEOUS INCOME - 466 0% - 438 0% FUND BALANCE DECREASE(INCREASE) 1,061,993 707,995 67% (1,204,004) (802,669) 67 TOTAL REVENUES $ 46,543,793 $ 31,845,265 68% $ 42,245,296 $ 29,998,077 71 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 _ 0 $46,544 Two Year Cumulative Revenues Comparison and CFY Budget-($in thousands) ate' $40,000 0b _ ^6 � I ropy � ti I $30,000 1h M� I ',. $20,000 � yo I y,�v yy 5 bo yov yob I $10,000 ^ti tib $o Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2016-17 Actual WOW Cumulative 2017-18 Actual 2017-18 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review-OF-thru May 18 Summari-d401 Rev Sum Page 1096 of 1675 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31,2018(67%of Fiscal Year) EXPENDITURES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,946,158 $ 1,190,923 61% $ 1,814,027 $ 1,331,037 73% PUBLIC WATER TREATMENT 6,009,493 3,447,975 57% 5,961,748 3,770,403 63% METER READING&SERVICES 1,258,478 831,301 66% 1,111,186 818,915 74% WASTEWATER COLLECTION 1,619,357 1,001,454 62% 1,624,933 996,125 61% WASTEWATER PUMPING STATNS 2,810,391 1,630,181 58% 2,337,495 1,609,847 69% SEWAGE TREATMENT 4,550,000 2,439,623 54% 3,928,070 1,744,856 44% WATER QUALITY 630,247 423,601 67% 634,776 367,661 58% UTILITY ADMINISTRATION 17,323,917 11,220,428 65% 14,552,941 9,700,323 67% UTILITES ENGINEERING 1,478,276 1,016,233 69% 1,481,747 1,041,119 70% STORMWATER MAINTENANCE 1,148,994 708,714 62% 1,008,364 653,808 65% CUSTOMER RELATIONS 1,133,407 800,500 71% 1,369,521 964,323 70% DEBT SERVICE 6,635,075 4,486,698 68% 6,420,488 4,281,114 67% Total Expenditures $ 46,543,793 $ 29,197,631 63% $ 42,245,296 $ 27,279,531 65% -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 546,544 Two Year Cumulative Expenditures Comparison and U CFY Budget-($in thousands) a° $40,000 x�,1° �1 $30,000 o y�q° patio 0ti a ^$ti $20,000 �titi $10,0006° $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative 2016-17Actual NOINK Cumulative 2017-18 Actual 2017-18 Budget -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review-OF-thru May 18 Summari-d401 Exp Sum Page 1097 of 1675 6.Q. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/or piggy- backs for the procurement of services and/or commodities as described in the written report for August 7, 2018- "Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of bid solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) COMMODITY/SERVICE RFP/BID RENEWAL TERM NUMBER CANTEEN/COMPASS Vending Machines (Revenue City RFP No. 053- August 1, 2018 thru GROUP Generating Contract 1410-11/CJD July 31, 2019 MEDAPOINT, INC. Advance Claim EMS Billing Two-Party August 12, 2018 Agreement signed thru 8/12/14; Reso. August 11, 2019 R14-065 LOU BACHRODT Annual supply of Original City Bid No. 060- August 17 , 2018 FREIGHTLINER Equipment Manufacturer 1412-16/MFD thru (OEM) Service and Parts August 16, 2019 for Freightliner Vehicles and Equipment EAGLE AUTO PARTS; Annual Supply of City Bid No. 059- August 17 , 2018 KENWORTH OF SOUTH Large/Heavy Duty Vehicle 1412-16/MFD thru FLORIDA; L & L Aftermarket Parts, August 16, 2019 DISTRIBUTORS; LOU Accessories and Supplies BACHRODT FREIGHTLINER; TRUCK PRO VEHICLE Annual Supply of Aftermarket City Bid No. 052- September 4, 2018 MAINTENANCE Automotive Parts, Accessories 1412-16/MFD thru PROGRAM; THE PARTS and Supplies September 3, 2019 HOUSE; BENNETT AUTO; EAGLE AUTO; COLD AI R PALM TRUCK; Annual supply of Original City Bid No. 053- September 4, 2018 NEXTRAN; PAT'S Equipment Manufacturer 1412-16/MFD thru PUMP; MCNEILUS (OEM) Service and Parts September 3, 2019 TRUCK; SOUTHERN for Medium/Large Heavy Duty Page 1098 of 1675 SEWER Vehicles and Equipment STEVE MOORE Annual supply of Original City Bid No. 054- September 4, 2018 CHEVROLET; AL Equipment Manufacturer 1412-16/MFD thru PACKER; DELRAY (OEM) Service and Parts September 3, 2019 MOTORS for Small and Light Duty Vehicles and Equipment HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those bids, contracts/agreements and piggy-backs that are renewed/e)dended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new bids to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1099 of 1675 ATTACHMENTS: Type Description Attachment Renewal Summary ®August 201 Attachment Renewal Interest® Lou Bachrodt Freightliner Attachment Renewal Interest® Eagle Auto Parts Attachment Renewal Interest® Kenworth Attachment Renewal Interest® L L Attachment Renewal Interest® Lou Bachrodt Freightliner Attachment Renewal Interest® Truck Pro Attachment Renewal Interest- Vehicle Maintenance Program Attachment Renewal Interest® The Parts House Attachment Renewal Interest® Bennett Auto Attachment Renewal Interest® E agle Auto Attachment Renewal Interest® Cold Air D Attachment Renewal Interest® Palm Truck D Attachment Renewal Interest® Ne)dran D Attachment Renewal Interest® Pat's P urnp D Attachment Renewal Interest® McNeilus Truck D Attachment Renewal Interest® Southern Sewer D Attachment Renewal Interest- Steve Moore Chevrolet D Attachment Renewal Interest-Al Packer D Attachment Renewal Interest® Delray Motors D Attachment Renewal Interest- Compass Croup/ Canteen Vending Page 1100 of 1675 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS August 7, 2018 REQUESTING DEPARTMENT. FINANCE/PURCHASING DEPARTMENT CONTACT. ILYSE TRIESTMAN TERM: August 1,2018 thru July 31,2019 SOURCE FOR PURCHASE: City RFP No.053-1410-11/CJD ACCOUNT NUMBER: N/A—REVENUE GENERATING CONTRACT VENDOR(S):CANTEEN/COMPASS GROUP ANNUAL ESTIMATED EXPENDITURE: N/A—REVENUE GENERATING CONTRACT DESCRIPTION: On July 5, 2011, City Commission approved a five-year Contract with The Family Vending Company, Inc., now known as Canteen Vending/Compass Group for beverage and snack machine vending city-wide. The Contract allows for three(3)additional one-year renewal terms under the same commission rate, terms and conditions. On August 2, 2016, City Commission authorized the first, one-year renewal term. On July 18, 2017, City Commission authorized the second, one-year renewal term. agreed to renew the Bid for the first one-year renewal term. The vendor has agreed to renew the Contract for the final one-year renewal option thru 2019. REQUESTING DEPARTMENT. FIRE-RESCUE DEPARTMENT CONTACT. JEFFREYDAVIDSON TERM: August 12,2018 thru August 11,2019 SOURCE FOR PURCHASE: Two-Party Agreement signed 8/12/14;Reso.R14-065 ACCOUNT NUMBER: N/A—REVENUE GENERATING CONTRACT VENDOR(S):MEDAPOINT,INC. ANNUAL ESTIMATED EXPENDITURE: N/A—REVENUE GENERATING CONTRACT DESCRIPTION: On August 5, 2014, City Commission approved a one-year Contract with MedaPoint, Inc. to provide system software for the EMS/Ambulance billing at$.089 per billable claim and an annual licensing fee of$3,900.00. MedaPoint has agreed to renew the Agreement for an additional one-year period with the same terms, conditions and pricing. REQUESTING DEPARTMENT. WAREHOUSE DEPARTMENT CONTACT.MICHAEL DAUTA TERM:August 17,2018 to August 16,2019 SOURCE FOR PURCHASE:City Bid No.060-1412-16/MFD ACCOUNT NUMBER: Various—Citywide VENDOR(S):LOU BACHRODT FREIGHTLINER ANNUAL EXPENDITURE:$55,000.00 DESCRIPTION: On August 16, 2016, City Commission approved a one-year contract with Lou Bachrodt Freightliner for the supply of OEM service and parts for Freightliner vehicles and equipment. . 75 The Contract allows for two(2)additional one-year renewal options with the same prices, terms and conditions. On July 18, 2017, City Commission authorized the first renewal term. The vendor has agreed to renew the Contract for the second one-year renewal option thru 2019. REQUESTING DEPARTMENT. WAREHOUSE DEPARTMENT CONTACT.MICHAEL DAUTA TERM:August 17,2018 to August 16,2019 SOURCE FOR PURCHASE:City Bid No.059-1412-16/MFD ACCOUNT NUMBER: Various—Citywide VENDOR(S):EAGLE AUTO PARTS;KENWORTH OF SOUTH FLORIDA;L&L DISTRIBUTORS;LOU BACHRODT FREIGHTLINER;TRUCK PRO ANNUAL EXPENDITURE:$90,000.00 DESCRIPTION: On August 16, 2016, City Commission approved one-year contracts with EAGLE AUTO PARTS;KENWORTH OF SOUTH FLORIDA;L& L DISTRIBUTORS;LOU BACHRODT FREIGHTLINER; TRUCK PRO for the supply of large/heavy duty vehicle aftermarket parts, accessories and supplies. The Contracts allow for two(2)additional one-year renewal options with the same prices, terms and conditions. On July 18, 2017, City Commission authorized the first renewal term. The vendors have agreed to renew the Contract for the second one-year renewal option thru 2019. REQUESTING DEPARTMENT. WAREHOUSE DEPARTMENT CONTACT.MICHAEL DAUTA TERM:September 4,2018 to September 3,2019 SOURCE FOR PURCHASE:City Bid No.052-1412-16/MFD ACCOUNT NUMBER: Various—Citywide VENDOR(S): VEHICLE MAINTENANCE PROGRAM;THE PARTS HOUSE; AUTO PARTS;KENWORTH OF SOUTH FLORIDA;L&L DISTRIBUTORS;LOU BACHRODT FREIGHTLINER;TRUCK PRO ANNUAL EXPENDITURE:$97,000.00 DESCRIPTION: On August 16, 2016, City Commission approved one-year contracts with VEHICLE MAINTENANCE PROGRAM; THE PARTS HOUSE; AUTO PARTS;KENWORTH OF SOUTH FLORIDA;L& L DISTRIBUTORS;LOU BACHRODT FREIGHTLINER; TRUCK PRO for the supply of aftermarket auto parts, accessories and supplies. The Contracts allow for two(2)additional one-year renewal options with the same prices, terms and conditions. On July 18, 2017, City Commission authorized the first renewal term. The vendors have agreed to renew the Contract for the second one-year renewal option thru 2019. 2 of 75 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR FREIGHTLINER VEHICLES AND EQUIPMENT" BID NO.: 068-1412-17/MFD Contract Renewal Period: AUGUST 17, 2018 THROUGH AUGUST 16, 2019 Agreement between the City of Boynton Beach, and Lou Backrodt Freightliner; Yes Iagee r to extend the existing Bid for the Annual Contract for OEM Parts and e ex st g Service for Freightliner under the same Terms and Conditions for an additional year: August 17, 2018 through August 16, 2019. No, I do not wish to renew the agreement for the following reason(s): LOU BACHRODT FREIGHTLINER SIGNATURE e NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE)TELEPHONE NUMBER AMERICA'S GATEN'AYTO THE GULIPSTREAM Page 1103 of 1675 JUN-15-2618 14:54 F'rom:954-426-1055 Page:V5 The city of �vntvrteaeh Finance/Procurement Services 100 F.Boynton Beach Boulevard P.O.Box 310 8oynron Reach,Florida 33425-0310 telephone Na:f561)742.5310 FAX:(553)74Z-6316 May 23,2018 Bagle Auto Parts Inc. 1230 Hypoluxo Road Lantana,FL.33452 ATTN: Steven 13rand'1 RE: "ANNUAL SUPPLY of LARGEMEAVY p10TY VEIGCLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" 911D N: 069.1412-171MFD Dear Mr. Bran&1: The above referenced Bid will expire an August 16,2018- The Bid Documents allow for a One year renewal. Therefore,the City of Boynton Beach would like to renew the existing agr ent under the same teams amd conditions for an additional year. We appreciate your quality service,and if you agree,with ComrnissiOn approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at lease contact 1ook forward to continue working with y if you should have any questaons Michael Manager Materials and , p Distribution,via email at dautam bbfl. Thank you. Sincerely, Tim W. Howard Assistant City Manager,Administrative Services c: Michael Dauta--Warehouse Manager Central kale AN RI A',S"GA2 gM A X'IV TYg GMR5Tl7X4A1 Page 1104 of 1675 I JUN-15-2018 14:55 From:554-486-1855 Page:E/5 13ID NAME: "ANNUAL.SUPPLY OF LARGEMEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 069-1412-717/MIFD Contract Renewal Period: AUGUST 17 2018 THROUGH AUGUST 1r 20 9 Agreement between the City of Boynton Beach, and Eagle .Auto Paws; Yes, I agree to extend the existing Bid for the Annual Contract for Supply ofL August Aftermarket Pacts underthe same Terms and Canditxons for an additional y 17,2018 through August 16,2019. No,I do not wish to renew the agreement for the following reason(s): EAGLE AUTO PARTS f SIGNATURE a/ 2110e��idezv NAME OF REPRESJJ4 TITLE (please print) 6—1'#'-'V/ K — DATE (AREA CODE)TELEPHONE NUMER A AfERICAS GATbWAYTO PON 0rr7,F'ST 'VAM Page 1105 of 1675 City The Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard :r P.O. Box 310 Boynton Beach, Florida 3342.5-0310 Telephone No:(561).742-6310 FAX:(561)742-6316 May 23, 2018 Kenworth of South Florida 2909 S. Andrews Ave. Fort Lauderdale, FL. 33316 ATTN: Paul Ahrens RE: "ANNUAL SUPPLY OF LARGEMEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" BID#: 069-1412-17JMFD Dear Mr. Ahrens: The above referenced Bid will expire on August 16, 2018. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. We look forward to continue working with you, If you should have any questions, please contact Michael Dauta, Manager of Materials and Distribution, via email at dautamgbbfl.us Thank you. Sincerely, i I Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta—Warehouse Manager Central File f1AlkRICA'S GIAIrA"TT',1 2'qy)TIIA Cr C Li+RS7]cl full Page 1106 of 1675 BILI NAME: "ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 069-1412-17/MFD Contract Renewal Period: AUGUST 17, 2018 THROUGH AUGUST 16, 2019 Agreement between the City of Boynton Beach, and Kenworth of South Florida; —x_ Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Large Aftermarket Parts under the same Terms and Conditions for an additional year: August 17, 2018 through August 16, 2019. No, I do not wish to renew the agreement for the following reason(s): r KENVt ORTH OF SOUTH FLORIDA � IGN RE _Michael Flores Parts.&.Service,Sales.Manger NAME OF REPRESENTATIVE TITLE (please print) IS DATE (AREA CODE) TELEPHONE NUMBED rlAfERICA'S'GATE IfiI'TOTWE GI.FTF+�TREAIII u Page 1107 of 1675 i BID NAME: "ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 069-1412-17/MFD Contract Renewal Period: AUGUST 17, 2018 THROUGH AUGUST 16, 2019 Agreement between the City of Boynton Beach, and L & L Distributors; Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Large Aftermarket Parts under the same Terms and Conditions for an additional year: August 17, 2018 through August 1.6, 2019. No, I do not wish to renew the agreement for the following reason(s): L & L DISTRIBUTORS L SIGNATURE CX VTX P r— o NAME OF AEPRESENTATIVE TITLE (please print) �-i,9-7 Y 0/s/11016 90 - q DATE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream Page 1108 of 1675 BID NAME: "ANNUAL SUPPLY OF LARGEMEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 069-1412-17/MFD Contract Renewal Period: AUGUST 17, 2018 THROUGH AUGUST 16, 2019 Agreement between the City of Boynton Beach, and Lou Bachrodt Freightliner; Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Large Aftermarket Parts under the same Terms and Conditions for an additional year: August 17, 2018 through August 16, 2019. No, I do not wish to renew the agreement for the following reason(s): LOU BACHRODT FREIGHTLINER SIG URE idtol/U' Ate'12!� NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER AMERICA'S GATE1 VA Y TO THE G ULPSTREAM Page 1109 of 1675 _ ..,J9`�� �11�q:.`��` '�`` ���V�t 1 .. _ - .. i..�'S,ti.,�.. ~•til`��`�.'J,•.+.�I�`�.} . Page 1110 of 1.675 BID NAME: "ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 069-1412-17/MFD Contract Renewal Period: AUGUST 17, 2018 THROUGH AUGUST 16, 2019 Agreement between the City of Boynton Beach, and Truck Pro; Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Large Aftermarket Parts under the same Terms and Conditions for an additional year: August 17, 2018 through August 16, 2019. No, I do not wish to renew the agreement for the following reason(s): TRUCK PRO SIGNATURE NAME OF REPRESEN,rATIVE TITLE (please print) mkA DA'1`E (AREA CODE) TE.LEPHONE NUMBER UATA'jj:13-TO THE t,"1.1 Page 1111 of 1675 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 e ® Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 FAX:(561) 742-6316 May 23, 2018 VMP 3595 N. Dixie Hwy. Bay # 7 Boca Raton, FL. 33431 ATTN: Barry Friedman RE: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS,ACCESSORIES AND SUPPLIES" BID##: 075-1412-17/MFD Dear Mr. Friedman: The above referenced Bid will expire on September 3, 2018. The Bid Documents allow for a one year renewal. Therefore,the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautamgbbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Manager of Materials and Distribution, via email at dautamgbbfl.us Thank you. Sincerely, Aj Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta—Warehouse Manager Central File AMARICA'S GATEWA Y TO THE G ULFSTREA-41 Page 1112 of 1675 BID NAME: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 075-1412-17/MFD Contract Renewal Period: SEPTEMBER 4, 2018 THROUGH SEPTEMBER 3, 2019 Agreement between the City of Boynton Beach, and Vehicle Maintenance Products; Yes, I agree to extend the existing Bid for the Annual Contract for Aftermarket Automotive Parts under the same Terms and Conditions for an additional year: September 4, 2018 through September 3, 2019. No, I do not wish to renew the agreement for the following reason(s): VEHICLE MAINTENANCE PRODUCTS GNATURE 6 A 2-4,v 0 P D A/th)- ucf�) te C2E oPE K-)) J NAME Of REPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER AMERICA'S GATEWA Y TO THE G ULT+STREAM Page 1113 of 1675 The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 FAX.(561)742-6316 May 23,2018 The Parts House 1855 SW 41"Ave. STE. B30 Delray Beach,FL. 33444 ATTN: Blake Blumerstock RE: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS,ACCESSORIES AND SUPPLIES" BID#: 075-1412-17/MFD Dear Mr. Blumerstock: The above referenced Bid will expire on September 3, 2018. The Bid Documents allow for a one year renewal. Therefore,the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautarnPbbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Manager of Materials and Distribution,via email at dautam bbfl.us Thank you. Sincerely, . 0- Aa Tim W.Howard Assistant City Manager, Administrative Services c: Michael Dauta—Warehouse Manager Central File America's Gateway to the Gulfstream Page 1114 of 1675 BID NAME: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 075-1412-17/MFD Contract Renewal Period: SEPTEMBER 4, 2018 THROUGH SEPTEMBER I 2019 Agreement between the City of Boynton Beach, and The Parts House; '/'Yes, I agree to extend the existing Bid for the Annual Contract for Aftermarket Automotive Parts under the same Terms and Conditions for an additional year: September 4, 2018 through September 3, 20I9. No, I do not wish to renew the agreement for the following reason(s): THE PARTS HOUSE SIGNATURE NAME OF REPRESENTATIVE TITLE (please print) DAT (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream Page 1115 of 1675 The Ciftj of Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 ,ry Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 FAX.(561)742-6316 May 23, 2018 Bennett Auto Supply, Inc. 3141 SW 10th Street Pompano Beach, FL. 33069 ATTN: Jennifer Clukey 66ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS,ACCESSORIES AND SUPPLIES" BID#: 075-1412-17/MFD Dear Ms. Clukey: The above referenced Bid will expire on September 3, 2018. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Manager of Materials and Distribution, via email at ddLlWIII(d)b1)11.LIS Thank you. Sincerely., Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta—Warehouse Manager Central File AMEE27CA'S GATErP'A F Til WITA'G ULP,STRE1AM Page 1116 of 1675 BID NAME: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 075-1412-17/MF Contract Renewal Period: SEPTEMBER 4, 2018 THROUGH SEPTEMBER 3, 2019 Agreement between the City of Boynton Beach, and Bennett Auto Supply; Yes, I agree to extend the existing Bid for the Annual Contract for Aftermarket Automotive Parts under the same Terms and Conditions for an additional year: September 4, 2018 through September 3, 2019. No, I do not wish to renew the agreement for the following reason(s): "TUI BENNETT AUT SUPPLY NAME OF REPRESENT, T E TITLE (please print) 3 ... DATE (AREA CODE) TELEPHONE NUMBER aDrERrCA'S GAT.0117A Y TO TIIE G ULFSTREAM Page 1117 of 1675 JUN-15-2018 14:56 From:954-426-1055 Pase:4�5 The City o,f Bo nton Beach FnancelProcurement Services ,t00 E.Boynton Bearh Boule+rord P.O.Sox 310 Boynton Beach,Florida 33425.7310 Telephone No:1561)742-6310 FAX:(561)742-6316 May 23,2018 Eagle Auto Parts Inc. 1230 Hypoiuxo Road Lantana,FL, 33462 AT'IN: Steven Brand'l BE: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS,ACCES50R S AND SUPPLIES" BID It. 075-1412.171MFD Dear W.Brand'k: The above referenced Bid will expire on September 3,201 B. The Bid theDocuments a one year renewal,. Therefore,the City of Boynton Beach would like o reneagreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree,with Commission approval,the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta,Manager of Materials and Distribution, at dautatnbbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Manager of Materials and Distribution,via email at da bb .us Thark you. Sincerely, 'J.. 0. Tint W. Howard Assistant City Manager,,Administrative Services a Michael Dauta—Warehouse Manager Central File AAJFJ?XC,4'S OATEMA V TO THE 0r'7 FSTRF-AM Page 1118 of 1675 3Nl-15-2018 14:56 From!954-426-1055 Paee:5-5 BIDNAW: "ANNUAL SUPPLX OF AnERMARKET AUTOMOTIW PARTS, ACCESSORIES ANIS SUP]?T-T '° BID NO.: 0754412-17/5WD Contract Renewal Period: SE 11+IBEl; 4 2018 'Tk1ROUGH SEPTE ER 3 2019M ,A,greement een the City of Boynton Beach, and F-agie Auto Farts; Yes, l agree to extend the existing Hid for the Annual contract for Aftermarket Autaznative Parts under the same Terms and Conditions for an additional year: September 4, 2018 through September 3,2019- No,I do not wish to renew the agreement for the following reason(s): EAGLE AUTO PARTS SIGNATURE w NAME OF REPRESE AT1VE '1 tF, (please print) gr+ r ) r - �r DATE (AREA coDE)TELEPBONE 1v1BER AMERICA'S GATHWA Y 3['O T-afl GULFSTREA,4if Page 1119 of 1675 BID NAME: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 075-141,2-17/MFD Contract Renewal Period: SEPTEMBER 4, 2018 THROUGH SEPTEMBER 3.,- 2019 Agreement between the City of Boynton Beach, and Cold Air Distributors; Yes, I agree to extend the existing Bid for the Annual Contract for Aftermarket Automotive Parts under the same Ten-ns and Conditions for an additional year: September 4, 2018 through September 3, 2019. No, I do not wish to renew the agreement for the following reason(s): 1401� COLD AIR DISTRIBUTORS SI�i1Rw. L1R.E NAME Of REPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream Page 1120 of 1675 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUMILARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID NO.: 076-1412-167FD Contract Renewal Period: SEPTEMBER 4, 2018 HROUGH SEPTEMBER , 2019 Agreement between the City of Boynton Beach, and Palm Truck Centers; Yes, I agree to extend the existing Bid for the Annual Contract for Large Truck OEM Parts and Service under the same Terms and Conditions for an additional year: September 4, 2018 through September 3, 2019. No, I do not wish to renew the agreement for the following reason(s): ® j PALM TRUCK CENTERS GNATURE r A 1 F REPRESENTATIVE TITLE lease print) (AREA C ) TELE ONE NUMBER D�FTE AMERICA'S GATEiVA I"TO THE G ULI STRT+.AAI Page 1121 of 1675 The city of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 FAX.(561)742-6316 May 23,2018 Nextran Truck Center 7151 Industrial Dr. S. Riviera Beach, FL. 33404 ATTN.- Jody Keene RE: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID#: 076-1412-17/MFD Dear Jody Keene: The above referenced Bid will expire on September 3, 2018. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Manager of Materials and Distribution, via email at dautam@,bbfl.us Thank you. Sincerely, . w. A4Q Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta—Warehouse Manager Central File America's Gateway to the Gulfstream Page 1122 of 1675 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID NO.: 076-1412-17/MFD Contract Renewal Period: SEPTEMBER 4, 2018 THROUGH SEPTEMBER 3, 2019 Agreement between the City of Boynton Beach, and Nextran Truck Center; Yes, I agree to extend the existing Bid for the Annual Contract for Large Truck OEM Parts and Service under the same Terms and Conditions for an additional year: September 4, 2018 through September 3, 2019. No, I do not wish to renew the agreement for the following reason(s): NEXTRAN TRUCK CENTER SIGNATURE N I AMt OF REPRESENTATIVE TITLE (please print) t - DA �'51 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream Page 1123 of 1675 The City of Boynton Beach Finance/Procurement Services k 100 E. Boynton Beach Boulevard �t P.O. Bax 310 �n Boynton Beach, Florida 33425-03'10 Telephone No:(561)742-6310 FAX:(561)742-6316 May 23, 2018 Pat's Pump & Blower 2141. West Church St. Orlando, FL,. 32805 4TTN: Devin Fender RE- "ANNUAL SUPPLY OF ORIGINAL EQUILP LENT MANUFACTURER(OEM)SERVICE AND PARTSOR MEDIUMILARGE AND HEAVY DUTY VEHICLES AND EQUfPME T" BED#: 076-1412-17lMFD Dear Mr. Fender,- The above referenced Bid will expire on September 3, 2018, The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the sabre terms and conditions for an additional year. We appreciate your duality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dau a, Manager of Materials and Distribution, at tilautatr e`l i_ ws. e look forward to continue working with you. If you should have any questions, please contact Michael Nauta, Manager of Materials and Distribution, via email at Thank you. Sincerely, Tim W. Howard Assistant City:Manager, Administrative Services C" Michael Dauta —Warehouse Manager Central File A:11ERI(YA';s OAI'l4'i3A Y IO I'MC C UL- SI1 111:11" Page 1124 of 1675 B NA E: "ANNUAL UA L SIT L i OF ORIGINAL E UIEPME T MANUFACTURER(OE ) SERVICE AND PARTS FOR MEDIUMILARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID NO.: 076®1412-17 lF Contract Renewal Period: SEPTEMBER2,018 THROUGH Sag 2019 Agreement between the City of Boynton Beach, and Fat's Primp & Blower; Yes, I agree to extend the existing Bid for the Annual Contract for Large Truck OEM Darts and Service under the same "Terms and Conditions for an additional yea September 4, 2018 through September a, 2019- No, p19_No, I do not wish to renew the agreement for the following reason(s)- PAT'S PUMPreason(s)- SIGNAT"U"RE UAV a Nr NAME OF REPRESENTATIVE TITLE (please print) Lf 0-7- 't1 '! DATE (AREA CODE) T'ELEMONE NUMBER Page 1125 of 1675 BID NAME. "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID NO.: 076-1412-17/MFD Contract Renewal Period: SEPTEMBER 4, 2018 THROUGH SEPTEMBER 31 2019 Agreement between the City of Boynton Beach, and McNeilus Truck; Yes, I agree to extend the existing Bid for the Annual Contract for Large Truck OEM Parts and Service under the same Terms and Conditions for an additional year: September 4,2018 through September 3,2019. No, I do not wish to renew the agreement for the following reason(s): MCNEILUS TRUCK SIGNATURE V\-k ICA -J�&ArArq NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE)TELEPHONE NUMBER AMAIM"t's(L'ITRIVA 1,TO THE a,I Page 1126 of 1 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 FAX.(561)742-6316 May 23, 2018 Southern Sewer Equipment Sales 3409 Industrial 27t' Street Fort Pierce, FL. 34946 ATTN: Mike Wood RE: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID#: 076-1412-17/MFD Dear Mr. Wood: The above referenced Bid will expire on September 3, 2018. The Bid Documents allow for a one year renewal. Therefore,the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautamCd,)bbf[.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Manager of Materials and Distribution, via email at dautam(a-$bfl.us Thank you. Sincerely, Tim W. Howard Assistant City Manager, Administrative Services e: Michael Dauta—Warehouse Manager Central File A_11L+11I(A'b'GA'17s'1YA Y TO 7711;GI LE TREA_11 Page 1127 of 1675 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID NO.: 076-1412-17/MFD Contract Renewal Period: SEPTEMBER 4, 2018 THROUGH SEPTEMBER 3, 2019 Agreement between the City of Boynton Beach, and Southern Sewer Equipment Sales; X Yes, I agree to extend the existing Bid for the Annual Contract for Large Truck OEM Parts and Service under the same Terms and Conditions for an additional year: September 4, 2018 through September 3, 2019. No, I do not wish to renew the agreement for the following reason(s): SOUTHERN SEWER EQUIPMENT , SALES SIGNATURE Felix Denmon Vice President NAME OF REPRESENTATIVE TITLE (please print) May 31, 2018 (800) 782-4134 DATE (AREA CODE) TELEPHONE NUMBER AMERICA'S GATETVA Y TO THE G£7LFSTREAM Page 1128 of 1675 The City o,f Boynton Beach Finance/Procurement Services 100 F. Boynton Beach Boulevard w . P.O.Box310 Boynton Beach,Florida 33425-0310 Telephone No:(561) 742-6310 FAX.(561)742-6316 May 23, 2018 Steve Moore Chevrolet dba AutoNation Chevrolet Greenacres 1530 N. Military Trail West Palm Beach, FL. 33409 ATTN: Jack Kelly RE: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR SMAL AND LIGHT DUTY VEHICLES AND EQUIPMENT" BID#: 077-1412-171MFD Dear Mr. Kelly: The above referenced Bid will expire on September 3, 2018. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautamrabbbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Manager of Materials and Distribution, via email at dautam(bbfl.us Thank you. Sincerely, Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta—Warehouse Manager Central File A11116MIf A'S ri/i T10;IT A V OO r rr1;G r iar Page 1129 of 1675 c� BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR SMAL AND LIGHT DUTY VEHICLES AND EQUIPMENT" BID NO.: 077-1412-17/MFD Contract Renewal Period: SEPTEMBER 4, 2018 THROUGH SEPTEMBER 3, 2019 Agreement between the City of Boynton Beach, and Steve Moore Chevrolet; /, yes, I agree to extend the existing Bid for the Annual Contract for Small Truck OEM Parts and Service under the same Terms and Conditions for an additional year: September 4, 2018 through September 3; 2019. No, I do not wish to renew the agreement for the following reason(s): STEVE MOORE CHEVROLET SIGNATURE I,yf1r1� NAME OF REPRESENTATIVE TITLE (please print) SAld DATE (AREA CODE) TELEPHONE NUMBER A.41K I <i .S GA 711101'A Y TO Trus G(LES'!'REZU1 r Page 1130 of 1675 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR SMAL AND LIGHT DUTY VEHICLES AND EQUIPMENT" BID NO.: 077-1412-17/MFD Contract Renewal Period: SEPTEMBER 4, 2018 THROUGH SEPTEMBER 3., 2019 Agreement between the City of Boynton Beach, and Al Packer Ford Lincoln; Yes, I agree to extend the existing Bid for the Annual Contract for Small Truck OEM Parts and Service under the same Terms and Conditions for an additional year: September 4, 2018 through September 3, 2019. No, I do not wish to renew the agreement for the following reason(s): AL PACKER FORD LINCOLN SIGNATU FEE,---/ W , NAME OF REPRESENTATIVE TITLE up (please print) DATE (AREA CODE)TELEPHONE NUMBER .A-AIERICAW GATSIVA Y1'0 7'111,0 GULFS1WE'.4.A.[ Page 1131 of 1675 The Cityo Boynton each 0 Finance/Procurement Services 100 E. Boynton Beach Boulevard G m P.0. Box 310 Boynton Beach, Florida 33425-0310 .:, Telephone No:(561) 742-5310 FAX:(561) 742-6316 May 23. 2018 Delray Motors 2102 S. Federal Ilwvy. Delray Keach, FL. 33483 ATTN.. - i'L"E* 4mas RE: "ANNUAL. SUPPLY OF ORIGINAL EQUIPMEN"1' MANUCACTU12.ER(OEM) SEImCE AND PAL2TS FOR SMAL,AND LIGIIT' r1UTY VE111CL>ES AND EQUIPMENT" BID 4: 077-1=11217/MCL} �/-17 Dear Mr. "1 The above referenced Bid Will expire on September 3, 2018, The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Keach would like to renew the existing aureement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agl-ee, with C'om11lission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manaocr of Materials and Distribution, at t autaa-nO)bbll.us, We look forward to continue working with you. If you should have any, questions, please contact Michael Dauta, Manager of Materials and Distribution, via email at daritam(i-Obll.us Thank VOLT. - Sincerely, Tani W, Howard Assistant City Manager, Administrative Services c: Michael Dauta — Warehouse Manager Central File ,Ii1;trrr A .s G"I'llEliI:t YO r71r, Page 1132 of 1675 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM) SERVICE AND PARTS FOR SMAL AND LIGHT DUTY VEHICLES AND EQUIPMENT" 131D NO,: 077-1412-17/MFIS Contract Renewal Period: SEPTEMBER 4, 2018 THROUGH SEPTEMBER 3, 2019 Agreement between the City of Boynton Beach, and Delray Motors; I. Yes, I agree to extend the existing Bid for the Annual Contract for Small Truck OEM Parts and Service under the same Terms and Conditions for an additional year: September 4, 2018 through Septen-iber 3, 2019. -- No, I do not wish to renew the agreement for the following reason(s): DELRAY MOTORS MNATURE NAME OF REPRESENTATIVE TITLE (please print) -- DATE (AREA CODE) TELEPHONE NUMBER AJIE'RICA 's GATEIVA Y Wo Page 1133 of 1675 The City of BoUnton Beach Procurement/Financial Services 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 FAX:(561)742-6316 July 11, 2018 Art Martin, District Operations Manager Canteen Vending 16565 NW 15 Avenue Miami, FL 33169 VIA EMAIL_ TRANSMISSION TO: ART.MARTIN@COMPASS-USA.COM RE. "FIVE YEAR CONTRACT FOR VENDING MACHINES AT VARIOUS CITY LOCATIONS" RFP No.: 353-1410-111CJD CURRENT AGREEMENT TERM: AUGUST 1, 2017 THROUGH JULY 31, 2018 Dear Mr. Martin: The Agreement for Vending Services between the City of Boynton Beach and Family Vending Co., Inc. (now Canteen Vending) will expire July 31, 2018. The Agreement allows for optional renewals for one (1) additional one-year term with the same terms and conditions. The City of Boynton Beach would like to renew the existing Agreement under the same terms and conditions for an additional year as allowed in the RI=P documents and the Agreement. Please indicate your response on the following page and return it to Financial Services at your earliest convenience. If you should have any questions, please do not hesitate to contact Ilyse Triestman, Purchasing Manager at(561)742-6322 or E-mail: triestmani@bbfl.us. Sincerely, Ij- Aa Tim W. Howard Assistant City Manager-Administration Enclosure pc: Central File File America's Gateway to the Guff Stream Page 1134 of 1675 The City of BoUnton Beach Procurement/financial Services 100 E.Boynton Bench Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No.(561)742-6310 FAX:(561)742-6316 RE: "FIVE YEAR CONTRACT FOR VENDING MACHINES AT VARIOUS CITE` LOCATIONS" RFP No.: 053-1410-11/CJD Agreement between the CITY OF BOYNTON BEACH and CANTEEN VENDING AGREEMENT RENEWAL.TERM: AUGUST T 1, 2018 THROUGH JULY 31, 2®18 Yes, I agree to renew the existing Agreement under the same Terms, Conditions for an additional year. No, l do not wish to renew the Agreement for the following reason(s): 7 CANTEEN 'VENDING NAME OF COMPANY Sl NATURE 6k'l Lcaom' a r c'&/" T ' f"! / NAME( F REPRESENTATIVE TITLE (Please print) -//x /2 Q -k) - 624 DATE (AREA CODE)TELEPHONE NUMBER E-MAIL ADDRESS America's Gateway to the Gulf Stream Page 1135 of 1675 6.R. CONSENTAGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on July 17, 2018. EXPLANATION OF REQUEST: The City Commission met on July 17, 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 07-17-18 Page 1136 of 1675 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, JULY 17, 20151 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 James Cherof, 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 Mayor Grant 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 Attorney Cherof requested to add Item C to Legal, the re-adoption of Resolution R18-095 regarding the millage rate. Mayor Grant requested to moved item 9-A, City Strategic Plan by Trainovation before the Consent Agenda. Also request items 11-B and C, the Community support funds request to go before of the Consent Agenda. Motion Commissioner Casello moved to approve the agenda as amended. Vice Mayor Romelus Casello seconded the motion. Page 1137 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz had nothing to disclose. Commissioner McCray had nothing to disclose. Thanked staff for the July 4th celebration. Vice Mayor Romelus had no disclosures. Commissioner Casello had nothing to disclose. Mayor Grant noted on June 6th attended the Healthy Aquatic Marine Institute. July 10th attended the swearing in of the New Police Chief along with the quarterly awards. July 11th toured to the Solid Waste Authority Recycling and incineration Plant. Understands Broward County was no longer recycling because of lack of separation of paper and plastic. July 13th attended the opening of the Easy Dock at the Harvey Oyer boat ramp park, which allows people the ability to get in and out of a kayak through a dock system. Thanked Paddle away Sports for providing kayaks, paddleboards to City staff and campers for the day. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the Summer Youth Institute Internship Program held at Boynton Beach Utilities, Pathway to Prosperity and Genesis Community Health. Sponsored by Healthier Boynton Beach. Mayor Grant announced the Summer Youth Institute Internship Program held at Boynton Beach Utilities. Sponsored by Healthier Boynton Beach. Michel Low advised the Boynton Beach Utilities was able to partner with a Healthier Boynton Beach initiative. The Utilities Department introduced 9 students to the Utilities Department, to show how the utility operates and acquire and develop some skills which could be used later in life. Ricky Petty, Program Manager, provided a short presentation regarding a Healthier Boynton Beach initiative of the Palm Health Foundation. The initiative has three objectives; raise awareness, educate people within the neighborhood, promote the health and wellness of the community. This was a community-driven, resident-led 2 Page 1138 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 initiative, with the goal of improvement to the health outcome of family caregivers of Boynton Beach. Mr. Petty indicated the Summer Youth Institute incorporates a youth component which aims to instruct the students about the City and provide resources which will enable them to become a positive influence on others. Noted the program provides training in life skills, financial literacy, budgeting and resume building. While at the Utility Department they are able to rotate through various divisions and experience all of the different possible careers within the department. The students are required to complete a community service project. Commissioner McCray asked for an update of the young people which participated in the project from last year. Mr. Petty indicated two of the young people will be attending university, six are still in the program. Mr. Petty noted the program was designed for youth 16-18. B. Announce Announcement by Glenda Hall, Forestry & Grounds Manager, regarding the Plant Giveaway on Thursday, July 19, 2018 Mayor Grant announced the City will be having a plant giveaway Thursday, July 19, 2018. Glenda Hall, Forestry & Grounds Manager, announced Thursday, July 19, 2018 between the hours of 1:30 pm and 6:00 pm at the Civic Center the City will be providing plant cuttings and plant divisions from the plants which surround the City Hall complex. The cuttings of the oriental Crotons, Frangipani, and Gumbo Limbo plant will be available for the public. Mayor Grant asked if the community needed to bring pots or anything to receive the plants. Ms. Hall explained these are cuttings and plastic bags will be provided. Explained the Frangipani needs to be cut and dried for three to five days before planting. Informational handouts will be available. C. Proclaim the month of August as Muscular Dystrophy Awareness Month. Ms. Nadine Kirby will be present to accept the proclamation." Mayor Grant proclaimed the month of August as Muscular Dystrophy Awareness Month 3 Page 1139 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Nadine Kirby, thanked the Commissioner for the proclamation. Provided a copy of the events for Muscular Dystrophy 2018. Requested the City light the Water Tower on August 8, 2018. Vice Mayor Romelus asked if the Water Tower will be lit. Mr. Groff indicated it would be. D. Recognize Queen Esther McClendon on her 102 years of life Mayor Grant recognized Ms. Queen Esther McClendon on her 102 years of life. Mrs. McClendon and family accepted the proclamation. Commissioner McCray thanked the Commission for this proclamation. He expressed his gratitude to Ms. McClendon and explained when he was 6 years old a seed was planted by Ms. McClendon. As he sits on the dais, he said he now understands why some things happen. Ms. McClendon's family thanked the Commission. E. Recognize Jonathan Doring for his accomplishments at the Specials Olympic U.S. A Games in Seattle, Washington. Mayor Grant invited Jonathan Doring to the podium to recognize his accomplishments at the special Olympic U.S. A. games in Seattle, Washington. Jonathan won the Gold medal in men's high performance singles and the bronze medal in men's up doubles. Jonathan Doring, thanked the Commission, he was happy and excited for another opportunity to speak before the Commission. Noted he won the gold in the men's high performance tennis, also brought home the bronze medal for the men's doubles with Santiago Castro. He congratulated Brittany Tagliareni who won the Gold in women division, Ryan Smith from Manatee County won in the men's singles. This was a full gold medal singles sweep for Florida players. Special Olympics instilled in him to set realistic goals. Noted Special Olympics has given him more than he can ever repay. Mr. Doring thanked his parents, his big brother, nephew, friends and the City of Boynton Beach Recreation Department for being there for him and lighting of the water tower in his honor. Presented the gold medals to the Commission. Mrs. Doring thanked the City of Boynton Beach on behalf of her family. The theme of the games was "Rise With Us". She thanked the City of Boynton Beach for allowing participation at the Recreation Center. Commissioner McCray requested Chief Michael Gregory introduce himself to 4 Page 1140 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Police Chief Gregory introduced himself to the community and he came forward and provided some background information regarding growing up in Ft. Lauderdale, along with his educational background. 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) David Katz, 67 Wood Lane, read an article regarding a Texas election and read a response from Mark Karageorge referring to Boynton and Haitians, Laugh out Loud. Mr. Katz indicated Mr. Karageorge was a former member of the GRA Board, a board member of Pathway to Prosperity and an active member of the Boynton Beach Chamber of Commerce. Mr. Karageorge also serves as an ambassador to the Chamber of Commerce. His remarks were insulting to the Haitian community in Boynton Beach and should offend all of Boynton Beach. The Haitian community in Boynton Beach is vibrant and contributes greatly to our City. Considering who are the partners with Pathway to Prosperity and the members of the Chamber of Commerce represents, it was his opinion, both organizations should reevaluate their relationship with Mr. Karageorge. As the City of Boynton Beach and the Boynton Beach CRA are members of the Chamber of Commerce, he asked that the City Commission, direct the City Manager, and the CRA Board to direct the CRA Director to cancel their memberships, unless the Chamber of Commerce revokes his membership and affiliation with the Chamber. Andrew Prodray, 800 North Road, thanked the Commission for his appointment with the Building Board of Adjustment and Appeals. Explained he was requesting the Commission to have an organizational meeting. The members are not known to each other. Mayor Grant requested clarification as to how the Building Board of Adjustment and Appeal was formed. Attorney Cherof informed the Commission the board was created by the City Commission originally, but the terms of the board are dictated by State Statues regarding appointments. Mayor Grant inquired if this was something which could be accomplished by the City. Attorney Cherof believed this was possible and would look into this situation and get back with the Commission. Herb Suss, 1711 Wood Fern Drive, stated he was drafted and served his time in the military. President Trump bowed out of service. He continues to knock John McCain as a coward. Indicated what the President has done boarders on treason. Stated he 5 Page 1141 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 believes Russia must have something on President Trump. The Republicans had the opportunity to speak out but refused. Susan Oyer, 140 SE 27th Way, noted black plastic does not recycle well and is very toxic. Because it does not recycle, it gives off some type of chemical and heavy metals. She provided a list of issues including reproductive and thyroid diseases to mention a few. Please stop using black plastic. Alex Stephen, Catholic Charity Associate Director, 212 E. Boynton Beach, noted Catholic Charity has a Pregnancy Care Center within 80 feet from the new District Energy Plant. Stated the issues were addressed but he wanted to have it on the record. Kevin Homer, 2505 Lake Drive North, understands all trash and pollution cannot be eliminated. Met with Mark Woods, Community Standards Director and stated they had a conversation regarding a single Boca Raton business placing 49 illegal signs in the City of Boynton Beach well-manicured swales and mediums along Federal highway and Congress. The visual pollution was not only ugly, but also a distraction to the driver. These businesses are not contributing to the City. He wanted to publicly thank the Community Standards Department. Invited all to come out and join Boynton Cares to clean up August 5, 2018 at 9:00 a.m. Sonny Garcia, 1631 NW 3rd Lane, provided an update on the Coach of Boynton United. Stated the Kids played their hearts out for the City of Boynton Beach. Jamie Cano, 903 North 8th Street, thanked Vice Mayor Romelus for the generous donation on behalf of Boynton United. Informed the Commission they came in V place. The Children played very well and he was very proud of his kids and thanked everyone for their support. Vice Mayor Romelus clarified they were third out of 122 teams. This was a very big accomplishment. No one else coming forward, Mayor Grant closed Public Audience. 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: 1 Regs and 2 Alts Planning & Development Bd: 1 Reg Police Pension Trust Fund Bd: 1 Reg Senior Advisory Board: 1 Reg 6 Page 1142 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Mayor Grant advised of the openings on the boards. Motion Commissioner Katz moved to nominate Malcolm Gropper to the Planning and Development Board (Reg). Commissioner Casello seconded the motion. Vote The motion unanimously passed. Motion Commissioner Katz moved to nominate Sgt. Daniel Dugger to the Police Pension Board (Reg). Commissioner Casello seconded the motion. Vote The motion unanimously passed. Clerk Pyle indicated this was the first time she has ever seen this few openings on the boards, which speaks remarkably of the volunteers which serve on the boards. Mayor Grant inquired about the volunteer dinner. Ms. LaVerriere indicated the dinner was being scheduled for late September. Mayor Grant noted the next item would be a presentation by Trina Pulliam of Trainnovations. A. Presentation of the City's Strategic Plan by Trina Pulliam of Trainnovations. Trina Pulliam of Trainnovations, noted this was her third year as a Consultant for the City Strategic Plan. Provided an overview of the process, stated this was a systematic data driven, documented process. It involved a strategy analysis and report to the Commission, and Commissioner engagement such as the Commissioner interviews. There is input from the staff regarding objectives and initiatives, at which time the initiatives are prioritized and adopted through a Commission workshop. There is a fiscal year budget and funding of the strategic plan with a line item within the budget. The plan is prioritized and adopted. The City vision statement was to be a welcoming, progressive, coastal community which celebrates culture, innovation, and business development. The City Mission Statement adopted was: "The City of Boynton Beach is a vibrant and sustainable community which provides exceptional services." 7 Page 1143 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Ms. Pulliam indicated the City has defined 8 strategic priorities; safe and livable communities, district downtown, connected and engaged community, balanced and management, strong local economy, transportation and mobility, financial excellence and sustainability, High performing organizations. Indicated 57 initiatives. The City has gone beyond to complete several of the initiatives. Ms. Pulliam provided a breakdown of the current progress for fiscal Year 2018. Ms. Pulliam provided a list of 18 projects for FY 19, including Town Square Management, Boynton Beach Mail, the Trolley system, and Climate action plan to name a few. Ms. Pulliam inquired if the Commission needed clarification. Requested approval of the Strategic Plan. Mayor Grant asked for a motion to approve. Motion Vice Mayor Romeius moved to approve. Commissioner McCray seconded the minotion. Vote The motion unanimously passed. Mayor Grant inquired as to the next step. Ms. Pulliam noted the next step was for the staff to perform an action plan for each item, the staff will have delegated tasks. Commissioner McCray understands this was a three-year strategic plan. Requested the amount which has been spent in total for these strategic plans? Ms. LaVerriere stated she will get the information to the Commission. Items moved from New Business being heard. 12-B Approve the use of $500 of Vice Mayor Romulus's community support funds to assist Boynton United Florida soccer team. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote 8 Page 1144 of 1675 Meeting Minutes City Commission Boynton Beach, Florida .July 17, 2018 The motion unanimously passed. 12-C Approve the use of $600 of Mayor Grant's Community Support Funds to assist GBDC Entrepreneurship Institute. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. PROPOSED RESOLUTION NO. R18-092 - Authorize the City Manager to sign the 2018 update of the Florida Statewide Mutual Aid Agreement. B. PROPOSED RESOLUTION NO. R18-093 - Approve extension of a contract between the City of Boynton Beach and B & J Catering Inc, DBA Culinary Solutions, for a commissary to provide food for city employees in the event of a hurricane. C. PROPOSED RESOLUTION NO. R18-094 - Approve the ranking as recommended by the Evaluation Committee and a Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their May 21, 2018 meeting and give authorization to do the following: 1. Establish wastewater user rate at 1.09/1,000 Gal (O&M rate of $1.0411,000 Gal and R&R Reserves Rate of $0.05/1,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2018/2019; 2. Establish reclaim user rate at $0.17/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal year 2018/2019; 3. Authorize the Fiscal year Capital Improvement Plan and Associated Funding Plan for Fiscal Year 201812019; 4. Accept the 2018/2019 Wastewater and Reclaim O&M Budgets. Authorize the 9 Page 1145 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 D. Approve the purchase of a stationary, emergency backup dry prime pump for Pence Park Lift Station No. 213 supplied by Thompson Pump & Manufacturing Co., Inc. in the amount of $95,430.00 per NJPA Contract No. 012418-TPM. E. Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). Our agency was awarded $30,300 (2017-DJ-BX-0745). The funds have been allocated towards large display monitors to create a video wall which will be part of a Real Time Crime Center. (RTCC). F. Approve the rankings as recommended by the Selection Committees and authorize City staff to conduct negotiations with Jacobs Engineering Group, Inc., the recommended top ranked proposer in response to the Request for Qualifications (RFQ) No. 023-2821-18/IT for Hydrogeological Consulting Services and in accordance with Florida Statute 287.055, otherwise known as the Consultants' Competitive Negotiation Act (CCNA). At completion of negotiations, a contract will be brought back to the Commission for approval. 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 Library Building in the approximate amount of $25,878.40. The City is allowed to utilize the State of Florida contracts in accordance with City's procurement procedures. H. Accept the written report to the Commission for purchases over $10,000 for the month of June 2018. 1. Outside counsel has not provided the June 2018 invoices to Risk Management and therefore the May 2018 statements are included. J. Approve the minutes from City Commission meeting held on July 3, 2018. Mayor Grant requested a motion to approve the Consent Agenda. Motion Commissioner Katz moved to approve the Consent Agenda. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 10 Page 1146 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 A. Approve utilizing the National IPA Cooperative Contract No. R161101 with EZGO Division of Textron, Inc. for the purchase of Ninety (90) 2018 TXT Electric Golf Cars, One (1) 2018 Cushman Hauler 800X Electric Utility Vehicle and Seven (7) 2018 Cushman Hauler 800X Gasoline Utility Vehicles. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Mayor Grant inquired about the differences between the 2018 and the 2014 vehicles. Ron Tapper, Golf Course Manager, responded the City has the 2013 Yamaha which the City would receive $1400 as a trade in. Noted the seven other vehicles being replaced are 15 to 20 years old. Mayor Grant asked if the GPS tablet would still be available. Mr. Tapper stated the GPS agreement was waiting for a signature and would be transferred to the new carts. Vote The motion unanimously passed. B. Approve the purchase of seventeen (17) police replacement vehicles as proposed in the FY18/19 Fleet Division vehicle replacement budget in the estimated amount of $547,949.61 from Alan Jay Fleet Sales of Sebring, FL, by utilizing the Florida Sheriff's Association Contract#FSA17-VEL25.0 for Police vehicles. Motion Commissioner McCray moved to approve with discussion. Commissioner Casello seconded the motion. Commissioner McCray asked if all of the vehicles were the same. Andrew Mack, Director of Public Works and Engineering, responded all of the vehicles are 2018 SUV's. Commissioner McCray noted the City was going from cars to SUV's. Mr. Mack indicated in the affirmative. Commissioner McCray asked if this was the trend for other municipalities. Mr. Mack indicated this was correct. Commissioner Casello asked if the vehicles were four-wheel drive. Mr. Mack responded they were all-wheel drive. 11 Page 1147 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Commissioner McCray inquired if it was more difficult placing a person into the SUV than a regular police car. Assistant Chief Harris indicated it was easier to place a person in the SUV than in a police car. Vote The motion unanimously passed. C. Approve the purchase of an automated side loader sanitation truck from Scranton Manufacturing Co., Inc./New Way in the amount of $250,774.45 by utilizing the following contract: Sourcewell; formerly National Joint Powers Alliance (NJPA) contract # 112014-NWY. Motion Vice Mayor Romelus moved to approve with discussion. Commissioner McCray seconded the motion. Vice Mayor Romelus wanted to insure the City would not have a repeal of what happened a few years ago when the City purchased a lemon. Mr. Mack noted all the vehicles are inspected and they are under a manufactory warranty. Vice Mayor Romelus asked if the vehicle (the lemon) cost was refunded. Mr. Mack stated to his knowledge he believed so. Commissioner Casello inquired was this the same type of truck which recently tipped over. Mr. Mack stated it was. Commissioner Casello asked if the vehicle which tipped over was being refurbished or used as a spare. Mr. Mack replied the vehicle was totaled and the insurance proceeds will be used to pay for a portion of the new vehicle. Vice Mayor Romelus asked if the driver was ok. Mr. Mack stated in the affirmative. Vice Mayor Romelus asked if the driver had returned to duty. Mr. Mack informed the Commission the driver has not yet returned to active duty. Commissioner McCray asked for a meeting one-on-one regarding the accident. Vote The motion unanimously passed. D. Award Bid No. 024-2710-18/IT for Public Works Complex Canopy Addition, and authorize the City Manager to issue a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the total amount of $216,557.00 plus a 10% contingency of $21,655.70 for a total approved amount of $238,212.70. Award is contingent upon the receipt and approval of insurance and performance and payment guaranty. 12 Page 1148 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Motion Commissioner McCray moved to approve with discussion. Vice Mayor Romelus seconded the motion. Commissioner McCray inquired if the canopy would take the mechanics out of the heat and other weather conditions. Mr. Mack indicated this was needed and long overdue. This would facilitate the mechanics being in the shade and out of the elements. This was a much needed improvement to the facility. Commissioner McCray asked what was being done with air being circulated within the facility. Mr. Mack responded staff was working on an agreement with a fan company. Vice Mayor Romelus asked how long has the employees been in this environmental situation. Mr. Mack stated since.the facility was built. Commissioner Casello inquired as to how the canopy secured for hurricanes. Mr. Mack stated the canopy were built to withstand 170 mph wind per Florida Building Code. Mayor Grant asked what the square footage of the canopy covers. Mr. Mack stated he would need to get that information to the Commission at a later date, but indicated it covers the three bays. Mayor Grant stated seeing no farther discussion, asked for a vote. Vote The motion unanimously passed. E. Approve utilizing the Sourcewell (formerly NJPA) Contract #031517-TIS with Johnson Controls Security Solutions for security systems needed at the interim Police Facility, interim City Hall, interim Library, and interim Customer Service Building in the approximate amount of$123,447.32. The City is allowed to utilize the Sourcewell (formerly NJPA) contract in accordance with City's procurement procedures. Mayor Grant requested a motion to approve. Motion Commissioner McCray moved to approve with discussion. Vice Mayor Romelus seconded the motion. Commissioner McCray asked if this security system would be used for all four buildings. Mr. Mack responded in the affirmative. 13 Page 1149 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Vote The motion unanimously passed. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 18-018 — FIRST READING - Approve amendments to the Land Development Regulations Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes) thereby removing the "pilot" program status. City- initiated. Attorney Cherof read Proposed Ordinance No. 18-018 by title only on first reading. Mayor Grant asked for a motion. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Mayor Grant opened to public comment. No one came forward. City Clerk Pyle called the roll. Vote 5-0 Mayor Grant requested a motion to remove items D and E from the table. Motion Vice Mayor Romelus moved to remove from the table items D and E. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 14 Page 1150 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 B. Approve Boynton Beach Fire Station #1 (NWSP 17-002) to allow construction of a two-story, 9,700 square foot fire station and 5,630 square foot District Energy Plant with associated site improvements on a 0.65-acre parcel, located at the NE corner of NE 15`Street and NE 1 s+Avenue in an R-3 (Multifamily) zoning district, Applicant: City of Boynton Beach Mayor Grant requested a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Amanda Bassiely, Senior Planner, Urban Designer, indicate the proposed site area totals 0.65 acre and is located directly adjacent to the Town Square project. The proposed site plan shows the placement of a 9,700 square foot fire station building with an attached 5,630 square foot District Energy Plant. The fire station contains three (3) bays for vehicle storage, office space, sleeping quarters and amenities for employees. Indicated this was City-owned property which was undeveloped land, within the TOD, the FLU was HDR, the Zoning category was R-3. Ms. Bassiely indicated the proposed fire station is designed as a two-story, tilt wall structure with contemporary clean line architecture. The proposed building elevations depict the typical roof deck height of the building at 28 feet, with typical parapet walls at 34 feet. Ms. Bassiely informed the Commission that a concurrent application regarding the screening of rooftop equipment which was visible within 600 feet has been submitted. Indicated this request was relative to the cooling towers, which is vital to the operation of the District Energy Plant. Provided an explanation of the standards of the equipment which was approximately 12 feet in height and extended approximately six (6) feet above the height of the parapet. The equipment will not be visible from any of the abutting rights-of-ways and has limited visibility from Boynton Beach Boulevard and Ocean Avenue. The color scheme has yet to be determined. Commissioner McCray needed clarification on the top of the structure. Ms. Bassiely responded it was an eyebrow awning, a roof structure. Ms. Bassiely stated staff has reviewed the request and recommends approval. Commissioner Casello stated this building was being constructed in the middle of the downtown and it did not motivate him at all. Commissioner Casello said this looked like a tire store. Mr. Groff responded this design was similar to the police station. This is a City project; this will be brought back to the Commission for more discussion as they move through the design. They must follow the permitting and design process for approval. Informed the Commission if there are any ideas they can be incorporated into the building. 15 Page 1151 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 This was a Fire Station. It was a square building. He believed color and landscaping would make a big difference. Commissioner McCray asked if this would be compatible with the new City Hall. Mr. Groff replied it would be compatible. Commissioner McCray noted if there were better pictures with color or different angles, maybe it would be better. Mr. Groff suggested they needed to bring back better renderings of the building, which would include color and landscaping. Mayor Grant asked the hurricane rating. Mr. Groff responded the buildings were rated at a Category 4. Commissioner Casello asked if the drawings were preliminary renderings. Mr. Groff indicated it was just the preliminary. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. Approve Boynton Beach Fire Station #1 Community Design Appeal (CDPA 17- 004) from Chapter 4, Article III, Section 3.1.1., screening of rooftop equipment visible from within 600 feet, to allow rooftop cooling towers as designed for a District Energy Plant. Applicant: City of Boynton Beach. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion with discussion. Vice Mayor Romelus requested clarification regarding issues with the location being too close to the Pregnancy Center. Mr. Groff indicated his office received an email regarding the Power Plants being too close to the Pregnancy Center. The owners, Catholic Services were concerned about overspray on to their building. Mr. Groff indicated the building was directly north of the Chiller Plant. Explained the equipment would be inside the building and chillers would be located on the roof. The cooling towers are enclosed. Mr. Groff stated staff provided plans to the owners and the owners were satisfied with the design. Commissioner Casello asked if the equipment would extend 6 feet above the parapet. Mr. Groff stated that was correct, there was a gap at the top and bottom, and there would be a limited view in a very small area. Commissioner Casello stated there have been many projects coming before the Commission because of rooftop equipment. Now the City was coming before the Commission asking for a variance. Remember, this may be setting a precedent when we 16 Page 1152 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 are going down the road. Vice Mayor Romelus stated the City was within the height limits. Mr. Groff responded the plans would not exceed any height limits. Commissioner Casello noted the issue was hiding the equipment on the roof. Mr. Groff stated when anyone looks at the building, the equipment cannot be seen. Commissioner McCray asked if Fire Chief Joseph was in agreement with the design. Fire Chief Glenn Joseph, indicated he reviewed the designs. Explained he was concerned about the function of the buildings as well as the 3 bays. The outside designs were limited by funds. Commissioner McCray requested clarification as to what was limited by funds. Fire Chief Joseph explained he received everything he needed. Vice Mayor Romelus inquired if the Fire Station would accommodate the influx of growth expected within the new downtown area. Fire Chief Joseph replied this was why he fought for 3 bays. Explained if the Fire Station needed to expand in the future, which he believes is a possibility with the population density increase, the building could easily be expanded to accommodate the growth. Vote The motion unanimously passed. D. PROPOSED ORDINANCE NO. 18-011 - SECOND READING - 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. Attorney Cherof read the Proposed Ordinance No. 18-011 and No. 18-012 into the record by title only. Attorney Cherof stated that item E will be presented along with the request. Asked for the approval of the applicant's representative. A visual nod from the applicant's representative in agreement. Bonnie Miskel, Dunay Miskel & Backman, LLP. Bonnie Miskel, of Dunay, Miskel & Backman, LLP representing the applicant, explained the request was to amend the Future Land Use from office commercial to local retail commercial, the second was to rezone the property from the C1, office professional, zoning district to the C3, community commercial. The majority of parking was on the east side, an extensive buffer has been provided. Ms. Miskel provided a proposed elevation and pictures from other Wawa facilities. The City staff has reviewed the proposed FLU and was recommending approval. Ms. Miskel indicated they met with the Leisureville community members on three separate occasions. 17 Page 1153 of 1675 Meeting Minutes City Commission Boynton Beach, Florida .July 17, 2018 Commissioner Casello asked if they were going to put the mom and pop stores out of business. Ms. Miskel indicated it forces the other gas stations to up their game to become more competitive. Commissioner Casello asked why were these canopies so expensive, what was the difference from other canopies. Mark Hamilton, representative of Wawa, indicated the design of the canopy made the difference. Explained there was a lot of steel and the angle roof and brick at the base of the columns. Commissioner Casello, indicated he was in favor of Wawa. Vice Mayor Romelus related her story of Wawa and was excited to have them in Boynton Beach. Commissioner McCray wanted to know the location of the nearest Wawa which was in Lantana. Inquired if there has been any complaints and none were noted . He was in favor of Wawa. Mayor Grant inquired if the tank installation was done by State or Federal law. Mr. Hamilton explained in terms of the tanks, there are both State and Federal laws which have to be adhered. Wawa has double walls, pressurized and monitored in the store as well as at a central control center offsite. The family has gone beyond what was required by law. Mayor Grant opened to public comment. Herb Suss, 1711 Wood Fern Drive, stated it was about time. It was a wakeup call for the other gas stations in the area. Mayor Grant, seeing no one else coming forward, closed public comment. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. City Clerk Pyle called the roll. Vote 5-0 18 Page 1154 of 1675 Meeting Minutes City Commission Boynton Beach, Florida 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 Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Mayor Grant opened to public comment, seeing no one coming forward, public comment closed. City Clerk Pyle called the roll. Vote 5-0 E. Approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (COOS '18-001/[\/iSPM 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 Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. F. PROPOSED ORDINANCE NO. 18-013 - SECOND 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. Mayor Grant requested a motion to remove from the table. Motion 19 Page 1155 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Commissioner McCray moved to remove from the table. Vice Mayor Romelus seconded. Vote The motion unanimously passed. Attorney Cherof read proposed Ordinance No. 18-013 by title only on second reading. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion with discussion. Vice Mayor Romelus recalled there was an issue with the Ordinance. Attorney Cherof explained the City was close to closure. Indicated the content of the ordinance does not affect the outcome of the issues. The adoption fulfills the City's commitment to work with the entity. He hopes this would be reciprocal in the future. Mayor Grant opened to public comment; seeing no one coming forward, public comment closed. Mayor Grant asked for a roll call Clerk Pyle called the roll. Vote 5-0 9. CITY MANAGER'S REPORT A. Presentation of the City's Strategic Plan by Trina Pulliam of Train novations. (heard earlier) 10. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R18-058 - Authorize City Manager or designee to sign a Franchise Agreement with FLSC, LLC, d/b/a Florida Textile Recycling Programs of Davie, Florida for a Textile Recycling Franchise, RFP No. 009-1210- 18/IT, for an initial three (3) year term. Mayor Grant read the Proposed Resolution No. R18-058 into the record by title only. 20 Page 1156 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Motion Commissioner Katz moved to approve. Vice Mayor Romelus seconded the motion with discussion. Vice Mayor Romelus indicated she expects full compliance from the entity. Expects these bins will be well-managed and well-taken care of regardless of the placement. Mayor Grant asked about the recycling market of the program. l Mark Douglas, Florida Textile Recycling explained they will initially send mailings, a website will be set up, which lists various locations of the bins. Residents can enter their address to find the closest bin. Suggested the City place information on their website regarding the recycling bins and their locations throughout the City. Indicated with other municipalities they have also done print advertisements. Mayor Grant recalls Florida Textile Recycling have mobile units, stated the City and the CRH have special events and asked if Fiorida Textiles will be at the special events for the collection of textiles as well as for advertisement. Mr. Douglas replied they would like to participate with any events the City has, and the trucks will be made available. Commissioner McCray said since Goodwill was no longer in the running he was in favor of Florida Textile Recycling. Mayor Grant opened to public comment, seeing no one coming forward, public comment closed. Vote The motion unanimously passed. 11. NEW BUSINESS A. The Mayor has asked for the Commission to have general discussion of possibility of looking into a Trolley System from the Mall to the Beach. Mayor Grant said he requested the Commission discuss looking into the possibility of having a trolley system from the Boynton Beach Mall to the Beach. Indicated he was on the Board of Palm Tram Connection Service Board and the Palm Tram Service Board. He was asking to look into a small trolley system available on weekends. Indicated he spoke with the manager at the mall and the manager was willing to provide a designated area as a pickup/drop-off. Explained he does not see it as a free ride. 21 Page 1157 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Commissioner Katz indicated this was premature, pending potential redevelopment of the mall. He believed connecting the beach and the new downtown would be a great amenity for everyone. Stated with the renovation of the downtown area and the potential changes in the mall, it would lack the usage to cover the cost even if there was a charge. Commissioner Katz said he would be remiss to do more than just look into the trolley system for ideas only. He does not want to dedicate time to this item. Vice Mayor Romelus stated she believes the influx of residents coming into downtown, the proposed changes to the mall and the remodeling at the beach there are a lot of changes which need to be pinned down before the City could move forward with the trolley system. She said it was a good idea to allow for the interconnectivity in our City. The City would be adding the bike share program, to reduce riders and drives and increase the pedestrian population. She would be willing to look at this at a future date. Commissioner McCray was in agreement with the Commissioner Katz and Vice Mayor Romelus, with the major construction of Town Square, the City does not need to be adding a trolley system at this time. In the future he would be in agreement, there could be three major components; the Mall, Town Square and the Beach. Commissioner Casello noted he was in favor of having a Request for Information for a vendor, if there was a private vendor willing to take this on without any cost to the City. Noted he does not believe the City was in the position to get the trolley up and running. Mayor Grant indicated he was trying to be proactive. Stated the parking lot at the beach has been full and not able to accommodate the residents. The point of the trolley system was it was a 10 to 15-minute ride from/to the beach. His goal was to have more access to the beach. He was not requesting money, he was asking for a Request for Information. Mayor Grant explained he was trying to be proactive. Commissioner McCray said the City needs to look at all avenues. The City sells Beach decals and the revenue may decline if there was a trolley system. Commissioner Katz asked if Mayor Grant would be amenable to direct staff to provide a cost benefit analysis. Mayor Grant explained it would be better to work with a private entity. Vice Mayor Romelus asked if the Mayor was proposing a consultant in the following year's budget to look into the trolley system. Mayor Grant explained he was suggesting a request for information to the trolley and bus company for next year's budget. Commissioner McCray stated there was no money placed in the budget for a consultant. If they want to come in and give a free quote, he was ok with it Commissioner Casello indicated this was just a request for information. Mayor Grant asked if this was something which could be done. 22 Page 1158 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Wally Majors, Recreation Director, explained staff was discussing finding a vendor to apply for a grant and administer the grant, which would not cost the City. Commissioner McCray noted he wanted to make sure it does not reduce the sale of the beach decals. Mr. Majors indicated staff needed time to review this item. Mayor Grant asked what was needed was a consensus. Vice Mayor Romelus stated as long as the City was not allocating funds or taking away staff time. Vice Mayor Romelus indicated Palm Tram made a presentation with potential route changes with the potential of adding the tri-rail station to Palm Tram route. Suggested Palm Tram could possibility be a source for the trolley system. Mayor Grant indicated the mall was a hub as well for Tri-Rail for County, State and Federal grants. There was a consensus. B. Approve the use of $500 of Vice Mayor Romuius's community support funds to assist Boynton United Florida soccer team. (Item heard earlier) C. Approve the use of $600 of Mayor Grant's Community Support Funds to assist GBDC Entrepreneurship institute. (item heard earlier) 12. LEGAL A. PROPOSED ORDINANCE 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) B. 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 WCF within public rights-of-way. City-initiated. (Tabled) Attorney Cherof indicated 12-A and 12-B should remain tabled. Motion Commissioner McCray moved to retable items 12-A and 12-13, Commissioner Casello seconded the motion. 23 Page 1159 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Vote The motion unanimously passed. C. The re-adoption of Resolution R18-095 regarding the General Operating Budget with the corrective millage rate. The millage rate of 7.9000 and the recalculated rollback rate of 7.4836. Attorney Cherof read Resolution R18-095 into the record by title only. Attorney Cherof stated the first Public Hearing budget meeting will be September 6, 2018 at 6:30 pm at the Intracoastal Park Clubhouse, 2240 North Federal Highway. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Mayor Grant asked if there are any questions for the Future agenda item. Commissioner Casello noted he would like to have direction and guidelines for the City Commission and the CRA Board when Commissioners are approached by developers who are interested in doing business/lobbying. Mayor Grant stated currently the City adheres to the Palm Beach County Lobbyist Ordinance. Asked if Commissioner Casello was looking to create one specifically for Boynton Beach or tweaking the one from Palm Beach County. Commissioner Casello indicated he was interested in creating one specifically for Boynton Beach if possible or tweaking the one from Palm Beach County. Commissioner Katz asked if there were any expectation the Commission could receive some information regarding the Quantum Park Overlay district. Attorney Cherof indicated he has been informed there should be a document delivered next week which would set the parameters for discussion. Mayor Grant inquired about Item E on the Future Agenda Items. Indicated this item has been on the future agenda for about 3 months. Stated if the resident has not contacted staff by the next Commission meeting this item needs to be removed from the Future Agenda. 24 Page 1160 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Commissioner Katz stated Item C, with regard to the property east of Leisureville fell to the wayside. There was no intent to proceed because of work from City staff. Mayor Grant indicated he would like to continue with item C. Directed staff to utilize as much of the City Owned land as possible. Mayor Grant provided an example of the Rolling Greens, which he calls "the dumpster graveyard". 13. FUTURE AGENDA ITEMS A. Update from staff on status of allowing dogs on the beach - August X018 B. Commission wants to discuss public safety as it relates to the Town Square Redevelopment - TBD C. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Giri Scout Park D. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD-TBD E. 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 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 8:32 p.m. (Continued on next page) 25 Page 1161 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 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 26 Page 1162 of 1675 Meeting Minutes City Commission Boynton Beach, Florida July 17, 2018 Deputy City Clerk 27 Page 1163 of 1675 7.A. BIDS AND PURCHASES OVER$100,000 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-109-Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with Beltmann Group, Inc. of Pompano Beach, FL for RFP No. 015-1210-18/ITfor Municipal Complex Relocation Services. The estimated cost for this move is$200,000; however, the final cost will not be known until the City determines exactly what will be moved and the vendor can calculate costs based upon the fixed firm pricing obtained thru this RFP. The scope of this RFP also provided that upon completion of the Town Square project, the City would require moving services from the temporary locations to the new buildings. EXPLANATION OF REQUEST: On July 9, 2018, the City opened and tabulated three (3) proposals to RFP#01 5-1210-18/IT for Municipal Complex Relocation Services. This RFP was issued seeking the services of a qualified firm to provide professional relocation/moving services for the City's Municipal Complex, including City Hall, City Hall's West Wing, and the Police Department located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. On July 13, 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: Beltmann Group, Inc. Rank 2: Bekins of South Florida Rank 3: Armstrong Relocation Florida, LLC The Committee's recommendation is to award the Agreement to Beltmann Group, I nc. as the highest-ranked qualified firm. Award of this RFP would also permit staff to obtain a proposal from the Beltmann Group for these services, based upon the fixed prices obtained thru this RFP. If the City determines to move forward with the second phase of the move, this request, thru issuance of an Amendment to the Contract would be brought forward to City Commission for review and approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City of Boynton Beach began making plans to revitalize its downtown area that will include building a new 110,000 square foot City Hall/Library complex and a separate Police Station on another piece of City owned property. This will entail City Hall and Police to move into temporary locations during construction and then move into the new buildings once constructed. The existing City Hall/Police building will be torn down. The purpose of this RFP was to retain a qualified firm to furnish all labor/personnel, move managers and coordinators, supervision, materials, supplies, tools, equipment, and expertise necessary to perform the planning, packing, relocation, unpacking, installation, and re-connection of all property. FISCAL IMPACT: Budgeted This expense will be charged to line item 001-1214-512.49-17 ALTERNATIVES: Page 1164 of 1675 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: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution approving ranking and award D Resolution Agreement to Beltmann for Muncipal Complex Relocation Services D Agreement Agreement- Municipal Complex Moving Services - Beltmann Group D Attachment Notice of Intent to Award - Beltmann Group D Attachment Tabulation of Responses- Municipal Complex Moving Services D Attachment Summary of Reviewers Scores- Municipal Complex Move D Attachment Beltmann Group Submittal - Municipal Complex Move D Attachment Advertised RFP- Municipal Complex Moving Services Page 1165 of 1675 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 BELTMANN GROUP, INC., OF POMPANO BEACH, FL FOR 8 RFP NO. 015-1210-18/IT FOR MUNICIPAL COMPLEX 9 RELOCATION SERVICES; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, on July 9, 2018 City staff opened and tabulated three (3) proposals 13 in response to RFP No. 015-1210-18/IT for Municipal Complex Relocation Services; and 14 WHEREAS, the RFP was issued for the services of a qualified firm to provide 15 professional relocation/moving services for the City's Municipal Complex,including City 16 Hall, West Wing and the Police Department currently located at 100 East Boynton beach 17 Boulevard; and 18 WHEREAS, the selection committee provided its scores to Purchasing Services 19 who then tabulated them to arrive at the final score for each firm and the final overall 20 ranking; 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 and residents to 23 approve the ranking and authorize the City Manager to sign an Agreement with Beltmann 24 Group, Inc., of Pompano Beach,FL for RFP No. 015-1210-18/IT for Municipal Complex 25 Relocation Services. 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 29 as being true and correct and are hereby made a specific part of this Resolution upon 30 adoption. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\24E4B590-FC22-4520-86A2-35FA28FC348B\Boynton Beach.11672.1.Approve_Ranking and_Agreement with Beltmann_Group_(relocation)_-_Reso.docx Page 1166 of 1675 31 Section 2. The City Commission of the City of Boynton Beach, Florida, 32 hereby approves the ranking and authorizes the City Manager to sign an Agreement with 33 Beltmann Group, Inc., of Pompano Beach,FL for RFP No. 015-1210-18/IT for Municipal 34 Complex Relocation Services, a copy of the Agreement is attached hereto and 35 incorporated herein as Exhibit"A". 36 Section 3. That this Resolution shall become effective immediately. 37 PASSED AND ADOPTED this day of , 2018. 38 CITY OF BOYNTON BEACH, FLORIDA 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\24E4B590-FC22-4520-86A2-35FA28FC348B\Boynton Beach.11672.1.Approve_Ranking and_Agreement with Beltmann_Group_(relocation)_-_Reso.docx Page 1167 of 1675 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RELOCATION SERVICES PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and BELTMANN GROUP, INC., hereinafter referred to as "Contractor', in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform professional relocation services in connection with the RFP FOR MUNICIPAL COMPLEX RELOCATION SERVICES; RFP No.: 015-1210-18/IT. 2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified in Section II — Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement will commence upon execution by all parties and shall terminate XXXX unless otherwise terminated pursuant to Section 15 of this Agreement. 5. COMPENSATION: 5.1 The City agrees to pay to Contractor in the estimated amount of$200,000, for the services designated in Exhibit"A". All payment for services shall be in accordance with the cost as designated in the Compensation Schedule, attached hereto and incorporated herein as Exhibit "B", and invoiced by Contractor monthly. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Contractor's endeavors. 7. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. 9. INSURANCE. Successful Contractor shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurances: Commercial Liability Insurance -A Commercial Liability Insurance Policy shall be provided which shall contain limits of no less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury liability, personal injury liability and property damage liability on a per project basis, and shall contain limits of no less than a Two Million Dollars ($2,000.000.00) aggregate. Page 1168 of 1675 Coverage must be afforded on a form no more restrictive than CG 20 10 10 01 and CG 20 37 10 01 Commercial Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: premises and operations, independent contractors, products and/or completed operations for contracts, broad form contractual coverage applicable to this specific Contract including any hold harmless and/or indemnification Contract, personal injury coverage with employee and contractual exclusions removed and policy limits shall be applied on a primary and non-contributory basis. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during course of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions. Workers Compensation Insurance - Workers' Compensation insurance to apply for all employees in compliance with State Statutory limits, as may be amended from time to time, the "Workers' Compensation Law" of the State of Domicile, and all applicable Federal laws. In addition, the policy(ies) must include employers' liability with a limit of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) aggregate limit by disease and One Million Dollars ($1,000,000.00) each employee by disease. Additionally, if there will be operations undertaken on or about navigable waters, a coverage endorsement must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. If exempt for Worker's Compensation, proper documentation shall be provided. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 11. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract Page 1169 of 1675 without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Contractor. b. In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Franchisee hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Franchisee and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Contractor shall be sent to the following address: 18. INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Contractor. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. Page 1170 of 1675 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 1171 of 1675 DATED this day of 20 CITY OF BOYNTON BEACH BY: Lori LaVerriere, City Manager TITLE: Attest/Authenticated: PRINT NAME: DATE: (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 15172 of 1675 EXHIBIT A SCOPE OF SERVICES 1. PURPOSE The City of Boynton Beach (the "City"), a political subdivision of the State of Florida, located in Palm Beach County, is soliciting proposals for professional relocation/moving services from experienced movers for the relocation of the City's Municipal Complex, which consists of the main City Hall building, the west wing (Development Department) and the east wing (Police Department.) All identified contents and furnishings will be moved to two (2) different temporary locations pending the completion of the recently approved Town Square Project. The projected timeline for the completion of this project is estimated to be 24-36 months. Upon completion of the Town Square project, the City will require moving services from the temporary locations to the new buildings. This RFP is also soliciting proposals for the final move. 2. BACKGROUND The Boynton Beach City Hall/Police Department is located at 100 E. Boynton Beach Blvd, Boynton Beach, Florida 33435. The City Hall includes various departments that provide City various services and the Police Department. The City Hall section of the building is approximately 53,000 square feet and the Police Department section of the building is approximately 18,000 square feet. The City of Boynton Beach began making plans to revitalize its downtown area that will include building a new 110,000 square foot City Hall/Library complex and a separate Police Station on another piece of City owned property. This will entail City Hall and Police to move into temporary locations during construction and then move into the new buildings once constructed. The existing City Hall/Police building will be torn down. 3. SCOPE OF SERVICES TO BE PERFORMED The Contractor shall furnish all labor/personnel, move managers and coordinators, supervision, materials, supplies, tools, equipment, and expertise necessary to perform the planning, packing, relocation, unpacking, installation, and re-connection of all property. The Contractor shall work in coordination with the City's project manager, as well as other personnel of the City. The move will not be in sequence or in consecutive days and client will coordinate the road map/sequence with the successful Contractor. It should be expressed that certain groups may be need to be relocated during overnight moves, or multi-day move sequences -as well as periods of time with little to no move activity. Contractor may not cause any interruption to the day-to-day operations without prior written approval of the Project Manager. The term Vendor, Mover, or Contractor used within this solicitation are synonymous and refer to the bidder. The current City municipal buildings will be moved to three (3) temporary locations for approximately twenty-four (24) months during construction of new buildings and then will move from the temporary space to the new buildings. 3.1 Contractor agrees to commit sufficient resources to perform all services and additional services required under this Agreement within the mutually agreed upon time schedules. 3.2 The Contractor acknowledges that the City has explained the timely completion of the Services under this Agreement is of critical importance to the City. Contractor agrees that time is of the essence for completion of the Contractor's performance. Page ' 173 of 1675 3.3 Revisions to the schedule which are the result of an action or omission of the City, or its employees or agents shall be mutually agreed upon by both parties and shall be in writing. 3.4 Services to be performed by Contractor are as described below. The Mover shall be responsible for confirming all types and quantities of existing furniture to be moved. 3.5 There are a significant number of items that will not move. These items include mainly furniture and fixtures and will be declared surplus prior to the move. However, we cannot provide an itemized list of these items at this time. 3.6 Provide your method for moving file cabinets (up to five (5) drawers in size). Workforce Requirements: 3.7 The workforce of the Contractor shall consist of full time professional moving personnel who are experienced with large office moves. 3.8 The Contractor will provide a full time experienced Project Manager on site. The Contractor's Project Manager and other designated representatives will work closely and collaboratively with the City's Representative during each move. The Project Manager may be requested to be on site throughout the duration of each move. 3.9 The City reserves the right to approve/or reject the Project Manager designated to work with the City. The City also reserves the right to require the removal of any member of the Contractor's move team from the site. 3.10 Contractor's workforce must be identifiable by uniform, name tags, badges or other safeguards for security purposes required by the City. 3.11 Contractor may not sub-contract any part of the move without prior approval of the City's representative Personnel descriptions/definitions: a. Move Coordinator/Project Manager: The Contractor shall furnish a Move Coordinator who will work closely with the City's Project Manager and Move Coordinator(s) in conducting pre-move coordination and planning services in the months prior to the physical relocation work. The Contractor's Move Coordinator shall have at least two (2) years experience in performing such services for commercial moves of the type required by the contract performance requirements, this person shall be a full time employee of the Contractor and should submit resume's as a response to this solicitation confirming experience in Government/Municipal move services. Contractor shall provide a resume for Contractor's Move Coordinator, which substantiates the required experience, upon the City's request. A Move Coordinator shall be available on site at all times and shall have the authority to act for the contractor at all times. Work includes development and use of necessary forms, way finding tools, processes, equipment lists, instructions, and inventory work required to fully plan and execute the work. b. Supervisors: The Contractor shall provide an on-site move supervisor who will supervise the work of Contractor's drivers, helpers, and workers during the execution of each move. When performing moves between different locations, the Contractor shall provide at least one supervisor at each point of origin and at least one supervisor at each destination point, unless otherwise approved by the City's Project Manager. Each supervisor shall have at least one-year experience in supervising commercial moves, this person shall be a full time employee of the Contractor and should submit resume's with the response to this solicitation confirming experience in Government/Municipal move services. Contractor shall provide resumes for Contractor's Move Supervisors, which substantiates the required experience, upon the City's request. Resume must include the individual's name, address, and Florida driver's license. Move supervisor shall document existing conditions prior to their work to avoid being charged for damage found during or after the move work. Work includes development and use of necessary forms, way finding tools, processes, Page 17174 of 1675 equipment lists, instructions, rate tracking, and inventory work required to fully plan and execute the work. C. Workers: Contractor shall provide workers, as required, to complete each move within the specified time frame and responsibilities. Workers will be required to perform actual moving services, including, but not limited to, disassembly, packing, labeling, moving, unpacking, loading dock and elevator supervision, reassembling City property, clean up move sites, etc., as required by the City. Workers must provide all manpower to run elevators, be staged at doors and all necessary guidance for move materials and items. d. Drivers: Contractor shall provide and obtain necessary permits and valid licenses for all drivers related to the transportation of county materials; in addition, all drivers must employ adequate driving skills. Vehicle Requirements: 3.12 All vehicles must have valid and current registration, Department of Highway Safety and Motor Vehicle Fuel Decal, if applicable, and be in safe working order. All markings and tags must be clearly visible. 3.13 Contractor must furnish clean and mechanically sound, closed-type vehicle(s) of sufficient size to accommodate the shipment and properly licensed personnel to operate such vehicle(s). Unless a specific size and type of vehicle is requested by the City, Contractor will use their best judgment in furnishing vehicles(s) of the most appropriate type and size for the required services. Contractor will not be allowed to substitute and charge for two (2) or more small vehicles if a large vehicle(s) would have been sufficient and appropriate to accomplish the job. If such instance should occur, Contractor will charge only for the lesser number of vehicles that should have been furnished. Contractor is solely responsible for vehicle insurance. Vehicle(s) must be in good repair and in compliance with all federal, state, and local laws and regulations for operation. All vehicles must be equipped sufficiently with clean pads, covers, and other protective equipment to ensure safe transit and delivery of property. Protective covering must be used during the loading and unloading operations in the event of inclement weather. 3.14 Contractor and its subcontractor(s) must be familiar with all applicable Federal, State, County, City and local laws, regulations or codes and be governed accordingly, as they will apply to this contract and the actions or operations of those engaged in the work or concerning materials. 3.15 All employees of Contractor shall be considered to be, at all times, the sole employees of Contractor and not an employee or agent of the City of Boynton Beach. The City may require Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise questionable. 3.16 Trucking and Loading Dock Limitations: Contractor shall be responsible for selection of proper vehicle(s), to fit the limitations of the origin and destination building loading docks, access, and surrounding streets. Safety Standards: 3.17 Contractor agrees and warrants that it and its workforce shall comply with applicable OSHA and EPA regulations. Further, all equipment used shall meet all requirements identified by the State of Florida. 3.18 Contractor agrees that compliance with the standards and rules and regulations identified above shall be at the Contractor's cost. Proof of compliance with the above shall be submitted at the City's request. Contractor's General Requirements: 3.19 The Contractor will provide all necessary labor and materials to carry out its Page f175 of 1675 responsibilities within the time frames set by the City. 3.20 When disassembly and assembly of property is required, the Contractor will furnish labor and equipment sufficient to accomplish the task. 3.21 Contractor shall be responsible for packing, safe transportation and reuse of all existing hardware associated with the disassembly of equipment and furniture. 3.22 The Contractor will be responsible for safeguarding and protecting its own work, material, tools and equipment. 3.23 If the Contractor requires the use of a dumpster during the performance of the Work, the Contractor must coordinate with the City's project manager. The Contractor shall, at all times, keep the premises free from excessive accumulation of waste material or rubbish caused by its employees or work. 3.24 Contractor's Project Manager shall perform a walk-through with the City Representative to evaluate the new locations to document any existing damage. 3.25 Contractor's Project Manager is responsible for all aspects of project management for the move and punch list. 3.26 The Contractor may have to schedule work in cooperation with other contractors working on-site at City facilities. The Contractor will collaborate with the City regarding completing their work while accommodating these activities. 3.27 Contractor shall arrive at the move site promptly with all necessary equipment to complete the job. 3.28 All necessary permits, if required, are to be provided by the Contractor and such cost shall be included in the proposed prices. 3.29 All furnishings, equipment and supplies will be transported in weather tight vans. 3.30 Contractor will verify that the equipment weight will not hinder delivery of the equipment or damage property during transport. 3.31 Contractor shall provide necessary protection, padding and equipment without additional charge to the City. 3.32 Any furniture, equipment and supplies within the responsibility of the Contractor will be delivered to the destination site in good condition. Any equipment, furniture or supplies damaged or lost during the move will be the responsibility of the Contractor, who will promptly replace all damaged goods or will be responsible for the cost of repair, and at the time of final acceptance of work, the Contractor will afford the City Representative access for inspecting the work. Inspections will take place prior to approval of invoices. 3.33 Travel time to or from the Contractors facility to the work site is included in the proposal. 3.34 Any additional work required after the initial move shall be authorized by the City Representative prior to work being done. The City of Boynton Beach's Responsibility: 3.35 The City Representative will coordinate the move between the Departments and the designated Contractor's Project Manager. 3.36 City personnel will pack and label boxes, furniture and equipment. 3.37 City Representative will provide floor plans showing the furniture layout, reconfiguration before the move to the Contractor. 3.38 City staff will be responsible for packing/unpacking their personal belongings. Staff will not be responsible for emptying and refilling file cabinets. Mover shall supply all necessary packing materials on an as-needed basis. 3.39 City staff will disconnect desktops and phones and will box them up. Mover will be responsible for moving boxes to the new locations. City IT staff will unpack and reconnect of all computers and related equipment (computers, printers, faxes, telephones, keyboards, computer mice, speakers, etc.). Main server equipment will be relocated by City IT staff and is not included in this scope. Page 'x176 of 1675 3.40 City staff will coordinate the move of all leased copiers. The Contractor will be responsible for moving City-owned copiers and multi-function devices. This equipment will be identified during the walk-thru. 3.41 The final move schedules will be determined by the City. There will be no additional fees, costs or penalties to the City as a result of schedule changes. The City will advise the Contractor of changes as far in advance as possible. The City and the Contractor will jointly establish a detailed work schedule. Penalties: 3.42 If, during the term of this Agreement, the Contractor fails to provide property protection that is reasonable and necessary as determined by the City, and damage ensues, the Contractor shall immediately repair the damage in an acceptable manner to the City, or the City shall have the option, but not the obligation, to repair and charge the Contractor for all costs of the repair. 3.43 If the Contractor fails to maintain the premises in a neat and rubbish free condition, as mandated by fire and personal safety standards and acceptable to the City, the City may clean the area and charge the Contractor for the cost of the work. 3.44 If the Contractor fails to arrive at the previously agreed upon locations at the agreed upon time, and with a full complement of staff and equipment to complete the work required, a penalty may be charged equaling 10% of the charges for that phase of work. Schedule: The move(s) are expected to occur sometime between August and October 2018. All moving dates and schedules listed herein are not to be considered exact and may be modified by the Project Manager at no additional cost to the City. EMPLOYEE COUNT AT CURRENT LOCATIONS (ESTIMATED) City Hall (Main) West Wing Police Department Building and Zoning 20 Utilities 12 Clerk 5 Comm. & Marketing 2 Dev Services 13 Economic Development 2 ITS 14 HR 10 Public Works 2 Finance 14 Community Standards 23 City Commission 5 City Attorney 2 City Manager 3 Other 3 5 200 Page "77 of 1675 EXHIBIT B FEES AND PAYMENTS REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-1210-18/1T PRICE PROPOSAL FORM LABOR DE-SCR ITEM IP11400.14 REGULAR HOURLY a-VERTIIVIE RATE HOURLY RATE 1. Move Coordinator/Project Manager $ 40.00 p/hr $ 40.00 plhr 2. Move Supervisor $_12.00 plhr $J2.00 p/hr 3. Move Workers $ 24.00 p/hr $ 24. 00 p/hr 4. Move Drivers $ 26.00 p/hr $,.26.00 p/hr 5. Move Installers $ 28.00 p/hr $ 28_- 0 0 p/hr 6. File Move Attendants $ 24.00 p/hr $ 24.00 p/hr T Installation Project Manager $ 32:00 p/hr $ 32. 00 p/hr EQUIPMENT ITEM DESCRIPTION Unit Price / Unit of Measure Moving Van, 1,592 cubic foot 1. minimum truck includes truck and $ 448..00 p/day driver Moving Van, 1,401 cubic foot 2. minimum truck includes truck and $ 448, 00 p/day driver Moving Van, 855 cubic foot 3. minimum truck includes truck and $ N/A P/day driver THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 111178 of 1675 EXHIBIT B FEES AND PAYMENTS REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-1210-18/IT PRICE PROPOSAL FORM(continued) EQUIPMENT TEM ,CSCIpTI0N wilt Price i U nit, of Measure Moving Van, 669 cubic foot 4. minimum truck includes truck and $ NSR p/day driver Moving Van, 400 cubic foot 5. minimum truck includes truck and $ N/A p/day driver Moving Van, 317 cubic foot B. minimum truck includes truck and p/day driver Proposer shall attach a copy of its rate sheet for use in pricing additional materials, equipment services as needed.These additional materials may include including cartons, bubble wrap, pallet jacks,wooden equipment carts,tape,shrink-wrap, etc. BelLmann jrzouI2 .Eric COMPANY NAME AUTHORIZED SIGNATURE ('954 ) 9774552 S.ter?hen L. Bunch TELEPHONE NO. PRINTED NAME. �steve. Bunch�8e2tmann. cam Sa-tp-z Coazul'tant E-MAIL ADDRESS TITLE auiy 91h, 2018 DATE Page T179 of 1675 EXHIBIT B FEES AND PAYMENTS beltm fflf)GROUP www.beltnaard i MATERIAL&EQUIPMENT RATE SHEET Material Description Rate Plastic Moving Crates(Rental) @ S.25 per crate per day Legal Size Office Tote Box(2.5 cubic Ft.) @$2.50 each Book Carton(1.5 cubic Ft.) @$2.00 each Speed Pack Container(15 cubic Ft.) @$15.00 each (Note:Speed packs used during relocations are$2,50 each.) Anti-Static Bubble Bags(For Computers) @$2.00 each Anti-Static Bubble wrap(24"x250')per roll @$75.00 per roll Regular Clear Bubble wrap(24"x250')per roll @$60.00 per roll Tape @$2.00 per roll Rolled Corrugated Card Board(48"x2501) @$50.00,per roll (Note: Corrugated used to protect facilities are at no charge) Movers Packing Paper @$.50 per pound Stretch Wrap(24"x 2501) @$30.00 per roll Equipment Description Rate Four-wheel Dollies (Four-wheel dollies used by the Beltmann crew while performing the move are at no charge) (Note:If it is required that the four-wheel dollies remain on-site a daily rental fee of$.50 per dolly per day will apply.) Panel Carts (Panel Carts used by the Beltmann crew while performing the move are at no charge) (Note;If it is required that the panel carts remain on-site a daily rental fee of$3.50 per cart per day will apply,) Book Carts @$2.50 per cart par day Beltmann Group Incorporated $039 N.Andrews Ave.Extension,Pompano,FL 33064 Toll Free(800)-829-4440 Telephone(954)-977-4552 Fax(954)-977-5963 Stephen Bunch,Commercial Relocation Consultant Mobile 954-325-7473 Dade MR-143 Broward 55 Palm Beach M01-0031 Audlhk m northAmerican. Page 43180 of 1675 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. 015-1210-18/IT SOLICITATION TITLE: MUNICIPAL COMPLEX RELOCATION SERVICES DATE OF NOTICE: JULY 13, 2018 At the public ranking meeting held on July 13, 2018, the Selection Committee for the above referenced solicitation scored and ranked the submittals as follows: Rank 1: Beltmann Group,Inc. Rank 2: Bekins of South Florida Rank 3: Armstrong Relocation, Florida LLC This Intent to Award will be presented to City Commission as a recommendation to approve the Selection Committee Rankings and authorize staff to execute a contract with the first ranked firm: BELTMANN GROUP, 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 1181 of 1675 LO rl- S 0 N m ¢ co 2 n _ 55 k 3 3 3 3 3 3 3 3 3 3 L6 >w a w a » » > 5 5 » » » ) ) � � ~ 22 w OE 10 _ mo \ \ § 55 . 2 % ) 3333 3 3 3 - » 3 3 3 - - ! w a w a » » * + 22 j ) E 55 - ° ® 3 3 3 3 3 3 3 3 3 3 U _ \ I ; w a w a » » >- s s » » » U . § \ \ > L / / ) / $ / ! K ) 2 ! 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J 0 < ) )C-) ) [ / g \ w / \ \ \ ( o 2w o \ ( / \ / F- 0 a § ^ \ \ \ » 5 ° § \ d 3 / } [ \ / ) ) z \ Q C-) p § - / S m m g ± LL -i e o — ( } z § @ 2 ) e < ± $ ® ° / \ LU z ( , m \ j { \ ( w CL w \ 0 � ( / \ LU z \ 0 ILIL � y ^ ° { ~ ( S ~ / ( & _ LLLL � \ ( \ \ 2 \ / g ( m / ) LO rl— (C) 2 0 � m 0000 0000 0000 ¢ (_ __ =s s= 2 � co « cu () §A[ ; \ 2: ; ___ ___ ___ \ § q _ ' U) § / e�� ocoo e�e C) z LU 9 $ q § 2 \ § f , ; e�e e�e e�e e G � § § § §L) LO co oLOcoe LOee k LL § g g D / P k e o Lo wee� e�e o §CL §� LL 0w § ] 2 k LL \ k ° z # k \ o / § S = 2 ■ B 0 20 ko � ! § w §! ) ' ( § k ; So 2 ] § ) k § � ; % � q 2i 2i ma ■ ■ ma ■ r A gs a Fay S i ~ r 'i S' agnn 0 UP THE BELT A N GROUP, INC. 5 k _ 3039 N. Andrews Ave. Ext. ` Pompano Beach, FL 33064 t. q' Wa 954-977-4552 - Phone 800-829-4440 - Toll Free � A 954-977-5963 - Fax Building Specifications: , t 113,000 Square Feet 19,000 Square Feet Humidity Controlled 10.1 Acres 28 Dock Doors 32 Foot Clear Ceiling - 4 Vault High Storage Capacity 2,200 Pallet Position Capacity State of the Art Honeywell Security and Fire System Page 1185 of 1675 £ y ROP U beltman www.belt'Ymann.n July 05, 2018 Ms. Ilyse Triestman City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL. 331425 Ms. Ilyse Triestman, Thank you for considering Beltmann as a partner for your upcoming Relocation project. We value the opportunity to respond to RFP No.: 015-1210-18/IT, We clearly recognize the importance in every phase of the project. I want to personally assure you that The Beltmann Group will deliver the quality and all resources required to meet and to exceed your expectations of service. We are proud of our organization, our commitment to quality and most importantly, our employees that continue to differentiate the Beltmann Group. I am certain that we will justify your confidence in your selection. Please do not hesitate to give me a call if I may he of any assistance. Sincerely BELTMANN GROUP l Stephen Bunch Beltmann Group,Inc.3039 N.Andrews Ave. Extension,Pompano,FL 33054 800.829.4440 noMeAgi kan. Page 1186 of 1675 .?h beltman www.beltmann.g Tab# l Ms.Ilyse, Triestman, Our goal is to partner with the City of Boynton Beach in performing the most successful and cost effective relocation possible.In a relocation of this size as partners we will all confront logistical challenges,Changes, Issues, obstacles and concerns due to the needs of the business that we as partner may not have expected,considered or planed for. Our philosophy at Beltmann Group,Inc.is"To Be The Customer"Our mind set is to be part of the solution of a problem,Not be part of the problem" As your trove partner it is our responsibility to understand the needs of your business and to work together as partners in implementing and executing a trove plan that will minimize the risk of down time or interruptions to your business while protecting your assets. This is achieved through working together as partners in preparing and educating your staff on their responsibilities and snaking sure that we at Beltmann,your move partner fulfill ours. As a move partner in all successful commercial moves the key ingredient is making sure that we provide the correct amount of manpower and equipment to perform the scheduled activity its the planned time frame. This is achieved through proper planning and supervision coordinating the manpower and equipment to insure a steady flow of goods out of the old facility and back it to the new facility while protecting the facilities and minimizing any double handling. If awarded the opportunity to be your service provider. I personally will oversee and work with you and your staff to insure the most cost effective and smooth transition in to your new facility. We at Beltmann welcome the opportunity to be your move partner and are committed to providing all the necessary resources to insure the most cost effective and successful relocation. Thank ou, Stephen Bunch,Beltmann Group,Incorporated. Beltmann Group Incorporated 3039 N.Andrews Ave.Extension,Pompano, FL 33064 Toll free(800)-829-4440 Telephone(954)-9774552 fax(954)-977-5963 Stephen Bunch,Commercial Relocation Consultant Mobile 954-325-7473 Dade MR-943 Broward 55 Palm Beach M01-0037 m Page 1187 of 1675 beltma ROUP .. ww . eltr'ann.a Tab#2 UFAMMANN RELOCATION GROUP HISTORY The BELTMANN organization began as a single source location in 1925. Since then,we have grown to comprise 12 locations throughout the country.THE BELTMANN RELOCATION GROUT'is the largest North American Van Lines agent in both sales volume and hauling capacity. System wide,we employ over 500 and contract with nearly 200 owner operators.BELTMANN RELOCATION GROUT'is also a financially stable organization.We have been profitable for each of the last 25 years.Our financial success allows us to continue to invest in our company and allows our management to keep the focus on quality improvement and customer satisfaction.Beltmann has been rated a perennial"'Top Quality Agent"in the top 20%of all North American agents for quality service performed.We constantly have been rated in the top 50%of all 650 agents,which earned us the distinction of the"Commitment to Excellence"award from North American Vail Lines.With nearly 95%of our business coining from corporate clients,we must provide a constant High level of service in order to maintain our client base. SOUTH FLORIDA HISTORY In 1992 BELTMANN RELOCATON GROUP opened their South Florida operation approximately the same time as Hurricane Andrew hit the area.Beltmann Group was able to assist many homeowners and provide storage for their goods.Beltmann' s reputation spread and it was known for fair play&excellent business ethics.BELTMANN RELOCATION GROUT'quickly became a solid member of the South Florida business community employing over 40 people and contracting with a select few others.BELTAIANN RELOCATION GROUP of South Florida services the entire South Florida area from Vero Beach to Rey West. COMMERCIAL MOVING DIVISION Local commercial moving has little in common with household goods moving,electronic products shipping,or even interstate commercial moving,yet many moving companies depend on the same staff to handle each of these areas.The Beltmann Group Commercial Division Staff understand that commercial moving is a specialized area best handled by a dedicated staff of professional movers who handle your goods as true experts.We are dedicated on focusing all our efforts on successful commercial moves 100%of the time. Beltmann Group Incorporated 3039 N.Andrews Ave.Extension,Pompano,FL 33064 Toll Free(800)-329-4440 Telephone(954)-977-4552 Fax(954)-977-5963 Stephen Bunch,Commercial Relocation Consultant Mobile 954-325-7473 Dade MR-943 Broward 55 Palm Beach M01-0031 northAmerican. Page 1188 of 1675 ! 3 y a ..>... .. beltmanpG ROUP w,beltmann.cn g ii Tab#3 Move Overview/SCO a of work Beltmann project manager(Stephen Bunch)will work directly with The City of Boynton Beach move team in developing an efficient and cost effective move plan that will facilitate the needs of business within the requested timeframe. Beltmann will provide the necessary manpower and equipment to relocate the designated office Contents, Computers,Furniture,Fixtures and Equipment from the existing facility to the new facility in an orderly professional manner within the required timeframe. Beltmann will disassemble and reassemble all necessary furniture required for relocation. Beltmann will place the office goods according to the floor plan provided by The City of Boynton peach. See attached information addressing areas of concern outlined in tab#3 A—]D Beltmann Group Incorporated 3039 N.Andrews Ave.Extension,Pompano,FL.33064 Toll Free(600)-829-4440'Telephone(954)-977-4552 Fax(954)-977-5963 Stephen Bunch,Commercial Relocation Consultant Mobile 954-325-7473 Dade MR-143 Broward 55 Palm Beach M01-0031 CAkdfillh. nort1'lll$1"ik' a 1can. Page 1189 of 1675 wu i • beltman% ROUP OPERATIONAL EXPERIENCE General Manager Danny Montgomery - 38 Years of Industry Experience Branch Operations Manager Aaron Dahlseid m 10 Years of Industry Experience Commercial Warehouse Manager & Commercial Project Manager Grady Bush 30 Years of Industry Experience Senior Commercial Project Manager Stephen Bunch 38 Years of Industry Experience Commercial Project Manager Sheldon Scott m 20 Years of Industry Experience With a combined 140 years of industry experience, Beltmann's management team is second to none. Most of our team's years of experience listed here have been spent in the commercial relocations field with Beltmann Group, Inc., handling a wide range of commercial relocation projects. Beltmann Group,Inc.3039 N.Andrews Ave.Extension,Pompano,FL 33064 800.829.4440 nrxihAmerfcan Page 1190 of 1675 OVERVIEW rt gnn GROUn� INTRODUCTION Thank you for allowing us to submit this proposal regarding your pending relocation. In order to provide you with a cost effective and efficient relocation, it is imperative that we acknowledge your priorities for the move, and that we strive to exceed your expectations. V . We understand your priorities can include: i No down time for office personnel Maintenance of inventory integrity w <x= A well orchestrated and smooth relocation r x An understanding of contingencies that could affect costs q .q and schedules Q_ A commitment to make your relocation a leading priority in our organization Retaining services of experienced personnel and specialized equipment CUSTOMER SATISFACTION As a perennial quality and safey award winner with North American a Van Lines we understand not only how, to measure customer sa �sfsr rtant�y how to impacts for superior relocation _ ►, C` a PLANNING I UP I q3_ F ! 3 PRE-MOVE MEETINGS The Beltmann Group will participate in a pre-move planning meeting in preparation for you' relocation These meetings are specifically designed o �clentx y the differenf vendors and their respective functions within the'`entre'relocatio process`: We provide you wxth a forum, which allows all issues to be discussed and properly sequenced a `> Review current floor plans, detercminine sequence and an overall ti `, {` meline - g - Study new oor;plans, assign rWtA s for off�ces� 1 ; ✓9 and,,urorkstatxons Make'lo �stical arrangements with both buildin locations gi g § - - y Identify vendors and develop overall time`;schedule r PC PACKING SEMINARS The Be mann Group-has developed comprehensive "Packing & Labelingk' seminars for your employ !es, m These infoimative eet41gs . :.` last between 20 and 30 minutes and can be held in groups ranging from 35 to 40 employees.!1 We can schedule sem iiars`,at convenient tlrnes foi your employees rovde We ; W ' anted K p pre-p handouts on Packing & Label�ngl ItmLginn GRO We identify materials to be packed; and what types of containers are required. We can incorporate your information relating li to Telecommunicatio s, es Parkin Securxt anc Building Access, Information. Services, g� .Y g Gage 1192 of 1675 PLANNING M� 12" c S,> IDENTIFICATION LABELS & SIGNAGE To facilitate the move from one.location to another, we will provide you with color-coded labels for your contents and furnishings, and space , K. identification signage that identifies individual offices or workstations. Prior to your move, your Beltmann sales representative will explain the different applications of the color-coding and numbering systems ` that can be used for your move. r A floor plan of your new location should be developed with numbers assigned to each office, workstation or common area. All employees should be made aware of the number and color that has been assigned ` to their new locations. d Color and number should identify each floor, department or section g of your new facility. A corresponding label will then be placed on all items destined for the new facility. Everything to be relocated must have a label on it. Beltmann will also supply you with Placement Charts and Placards that } should be identified by a matching color-coded label and number, and -✓ then placed on the door of the room or area where the items are destined. ' You will be advised to have a move coordinator on each floor for both origin and destination facilities. It is also recommended that you identify an area at the new facility where unidentified items can be held until 4 Y. later claimed-by one of your employees. r ;Z..11\1 tY y�l tYIP h1<<1ri. Fik-0 � Room PmCE Page 1193 of 1675 beltmann3039 N. Andrews Ave. ext. GROUP Pompano Beach, Florida 33064 AGENT FOR NORTH AMERICA VAN LINES (954)977-4552 Fax: (954) 977-5963 1-800-829-4440 OFFICE MOVING INSTRUCTIONS Employee Name: Label color Number Placement of your office furniture at the new location is done by number, NOT by your name. Your moving number and label color are listed above. Items without labels will not be moved. MARKING- Label each item.if an item must be dismantled to be moved, be sure to tag all parts.Example:Secretary desk with return etc. See chart on reverse side. DESKS- Label the desk on the top surface. 1. Your desk will be turned on end, so empty contents completely. 2. Pack-small items such as pens, clips, rubberbands, etc. in a envelope and place in a container. 3. Breakable items and liquids such as ink, glue, etc., should be packed in a zip lock container from home. 4. All articles from the surface of desk should be packed in containers. GLASS TOPS ON DESKS-Remove all papers from underglass. Be sure to fag glass as well as desk,lower right hand corner. FILE CABINETS-Label top drawer. VERTICAL cabinets can remain full, be sure all draw plates are moved forward to secure contents. LATERAL cabinets should be completely empty due to potential damage to glide mechanism.If drawers are left full, Movers will not be responsible it this damage occurs. (can be moved with 2 bottom drawers filled,however,manufacturer doesn't recommend) BOOKCASES- Place label on either side or on top.Contents should be removed and packed in containers. LARGE METAL SUPPLY CABINETS- Place label on front near upper right-hand corner. Remove contents and pack in containers.Tag contents same as cabinet. COMPUTERS,TYPEWRITERS&OTHER WCHINES- A specially designed carton is used to move office machines. 1. Pack plastic covers for typewriter and CRT/PC equipment into cartons,then place labels directly on equipment. Each piece requires a separate tag. 2. All computer components must be serviced/separated from one another and tagged. 3. Place computer cabling and wiring into anti-static bubble bags for transfer with keyboard, mouse, etc, 4, For all other machines, place a label on the top or in the front. Unplug all cords(if removable-pack in cartons)if not,wrap around machine or lamp, tape clown. PACKING CONTAINERS-Place label on EITHER END.NOT ON TOP. Containers are stacked when moved,therefore please DO NOT under or over pack boxes. Flap tops on cartons speed the move. Do not attempt to move loaded cartons. MISCELLANEOUS 1. Previously packed cartons such as vendor boxes, personnel records, etc. must be labeled for transfer. 2. Don't forget to tag chair seat and pad, carpet protectors, waste baskets, etc. 3. Labels are easily removed when move is completed;because of this they will not adhere to some surfaces if necesary place a piece of scotch tape over label to secure. 4. DO NOT place labels directly onto the face of artwork. Place labels on frame or glass/plexiglass front. 5. Items that are personal should be removed from office prior to move and returned to new location. Page 1194 of 1675 Moving Box El C t� ❑ Lateral Vertical Filing Cabinet File Cabinet Label Coat Tree on Back Bubble Bag with Cables, Keyboard, Mouse, etc. Vertical Filing Cabinet � Storage Pictures Cabinet Frame Bookcase Chairs ! PP q • o Secretarial Return a Executive Desk Coat or Tape Flack AdPr Am office Sofa and Matching Sofa Chair{s} Page 1195 of 1675 �eltmonn be�tmClnnGRouP �= relocationGROUP tQlocation 3039 N.Andrews Ave.Ext.,Pompano Beach,FL 33064 3039 N.Andrews Ave.Ext.,Pompano Beach,FL 33064'q, PIE#1-500-829-444{1 Phi#1-8flD-529-4440 FLOOR ROOM PIECE FLOOR ROOM PIECE beltmann beltmennGRouP r e l o c a t i o nGROUP r e l o c a n o n 3fl39 IAve.Ext.,Pompano Beach,FL 33064 3fl39 h[.Andrews Ave.Ext.,Pompano Beaeh,FL 33064 PFE#1-$00-829-444fl PH#1-800-829-4440 FLOOR ROOM PIECE FLOOR ROOM PIECE �e�tm�nnGROUP �el�mannGRouP r e l o c a t i o n r e l o c a t i o n 3039{V.Andrews Ave.Ext.,Pompano Beach,FL 33064 3039 N.Andrews Ave.Ext.,Pompano Beaeh,FL 33064 PH#1-800-829-4Q40 PH#1-800-829-444#1 FLOOR w • • PIECE FLOOR ' • • PIECE Page 1196 of • beltmanim C � e . 7e o c a t i o 3039 N. Andrews Ave. Ext., Pompano Beach, FL 33064 : 11 • • • • 0 Room # 1 ! E I I I t _ -�__._ ; I- ! I- - I F��_,, � i I SI 1� L---- '--- - - - - 3 I ' -- -Rg� 7-77-- —I— i 11'1 ofi-1f 75 RESOURCES fy.wg mom= MMMIMM Llr7ROU CONTAINER OPTIONS Beltmann has continued to lead the industry in providing its customers with a wide variety of container options for its commercial relocations. ` The packaging of your contents and equipment is one of the most crucial parts of the preparation process. We offer you the opportunity to choose the container option that best fits your needs. We have Tote cartons and convenient Pop Up cartons, which require no tripe for assembly. If you have a need for security, then perhaps the Security LockboxsM will suit your needs. At Beltmann, our commitment to commercial moving is reflected by our continual investment in people, equipment and technology. z - r :� BOOK CARTON X12" x12" x17.5" Pack paperwork, files and general contents i TOTE CARTON w Letter: 24" x 14" x 1211 ybeh !� Legal: 24" x 16" x 1211 r Self Seating and Reusable—Pack paper- work, files and general contents A POP UP CARTON V �rrt�C1flnGrtou� 12" x 12.5" x 22 orih A'can, Self-Sealing and Reusable—Pack a variety of office contents, files and supplies SECURITY L oCKBOXsm 25" x 15" x 12" Secure integrity of confidential materials Mw. Page 1198 of 1675 RESOURCES �t w >y EQUIPMENT OPTIONS SPEEDPACKS Speedpacks can be used for a number of applications. They can be used to transport computer equipment, desktop electronic equipment and large bulky items that won't fit into a carton. They can also be used to move system furniture component parts and pieces. �F- Speedpacks are constructed from quad wall corrugated cardboard. They fold into a carton shape with a completely open top. They -wheel dolly. Once constructed they can are then placed onto a four be rolled around a facility and loaded directly. This allows for items to be handled a minimum amount of times. A r ti � I r X Page 1199 of 1675 RESOURCES EQUIPMENT OPTIONS PANEL CARTS These carts can be used for a number of different applications. They can be used to transport Panels or Mork Surfaces from modular > systems, or artwork and desk mats. They can be used to move h the smaller component parts and pieces of your system furniture. M These carts are constructed of two tubular metal bars, which creates the sides of the cart. These sides are removable for easy loading and unloading. They will hold up to 10 system furniture panels at one time. The bottom is supported by a 3�4 inch piece of plywood adding ; additional strength and uses. They ride on four high quality rubber casters. They measure 36 inches across by 24 inches wide, and they are 30 inches tall. k POO tl: t ram z Page 1200 of 1675 f; RESOURCESEQUIPMENT OPTIONS LIBRARY/ELECTRONIC CARTS These can be used as an alternative to, or as a compliment of the , . packing process. They can be used to pack books, files, supplies and desktop electronics. They allow you to pack items before the actual Y move date, leaving the product easily accessible right up to move time. The carts are constructed from 3/4 inch plywood and have four fixed Fry shelves. They hold up to 16 lineal feet of product. They ride on four high quality rubber casters, and they are easy to move around. They measure 4812 inches across, and they are 48 inches tall. Each compartment is 171/2 inches deep to ensure that all product is completely enclosed. -..vim s , I l.. Page 1201 of 1675 f RES OURCES ° d FACILITY PROTECTION One of the most commonly forgotten aspects of the commercial relocation is facility protection. This ensures that both the origin z and destination locations remain undamaged after the relocation k� has taken place. This important part of the relocation process is foremost in our overall move plan. The Beltmann Group ensures quality service and efficiency by applying protection materials at each location. We have listed below some of the most commonly used protection materials. Please see your representative with anyquestions you might have about these materials or about a specific need that your relocation presents. Masonite is used to prcect floors: It is'laid flat and taped edge to edge. It protects carpeting, hardwood flooxs and 1narble. It also creates a sirnooth working:surface on.which product can be relocated. f: G a, adboard corners, bubbl sand corrugated cardbotd are used a n I Q ever caea a o c hvy tr ffc areas t ` oor ea c also be used to.peat 3 daces or sc ob red or public areas. T .a are applied a v�a �esxve-masking tape f '' for all types . �u ri Y� door Q bumping, k" _different sizes fox use vators will be padded; P1, MINE �= y. Pag6 12 ii v..:_ beltman A� Ag, w ww.beltrnaran.corrt > Tab 4 4 LARGE SCALF.RELOCATION LUSTS Healthcare District of Palm Reach County 515 N Flagier Drive,Suite 700 West Palm Beach,FL.33407 Tom Cleare,PhD,MBA (561)659-5865 Relocated and decommissioned over 42,000 Square Ft. City of West Palm Beach 401 Clematis Street,5a'Floor West Palm Beach,FL 33401 Dorrett Miller(561)822-1400 City Center 200,000 Square Feet Library 80,000 Square Feet Miami-Dade Public Schools,FF&R 1450 NE 2nd Avenue, Suite#309 Miami Fl.33132 . Joseph Cunill (305)995-1404 E-Mail:3Cuniitoezdadeschool not Beltmann is the prithary mover for MDCSD(Beltmann crews are qualified under the Jessica Lunsford Law) Univision Communications Inc. 9405 NW 41st Street,Miami,FL 33178 Martin Rodriguez f Senior Vice President-Facilities I JLL Direct:(305)471-3930 mrodri uea univision.net Relocated approximately 2,000 staff over the past three years CHG Health Care Michael McLaughlin Sr.Regional Facilities Manager,Projects and Places Work:954.837.2651 Currently relocating a staff of 600 at the Ft.Lauderdale facility Beltmann Group Incorporated 3039 N.Andrews Ave.(Extension, Pompano,FL 33064 Toll Free(800)-829-4440 Telephone(954)-977-4552 Fax(954)-977-5963 Stephen Bunch,Commercial Relocation Consultant Mobile 954-325-7473 Dade MR-143 Broward 55 Palm Beach M07-0031 Page 1203 of 1675 REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-1210-1811T PRICE PROPOSAL FORM LABOR TEM DE-S—RIP 11 l01 REGULAR HOURLY ^y-ER;IME RATE HOURLY RATE 1. Move Coordinator/Project Manager $ X0. 00 p/hr $ 40. 00 plhr 2. Move Supervisor $--32- 00 p/hr $ 32. 00 p/hr 3. Move Workers $ 24. 00 p/hr $ 24. 00 p/hr 4. Move Drivers $ 26. 00 p/hr $ 26. 00 p/hr 5. Move Installers $-28. 00 p/hr $_28. 00 p/hr 6. File Move Attendants $ 24. 00 p/hr $ 24. 00 p/hr 7. Installation Project Manager $ 32: 00 p/hr $ 32. 00 p/hr EQUIPMENT ITEM DESCRIPTION Unit Price / Unit of Measure Moving Van, 1,592 cubic foot 1. minimum truck includes truck and $ 448. 00 p/day driver Moving Van, 1,401 cubic foot 2. minimum truck includes truck and $ 448. 00 p/day driver Moving Van, 855 cubic foot $ N1A p/day 3. minimum truck includes truck and driver THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFP No.015-1210-1 WIT Page 1204 of 1675 REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP NW 015-1210-1811T PRICE PROPOSAL FORM (continued) EQUIPMENT ii -PriceU-11# ! L of EUOSCR�PON Measure Moving Van, 669 cubic foot 4. minimum truck includes truck and $ NIA plday driver Moving Van, 400 cubic foot 5. minimum truck includes truck and $ N/A Way driver Moving Van, 317 cubic foot 6. minimum truck includes truck and $L NSA plday driver Proposer shall attach a copy of its rate sheet for use in pricing additional materials, equipment services as needed. These additional materials may include including cartons, bubble wrap, pallet jacks,wooden equipment carts, tape,shrink-wrap, etc. B-eltmann gzoup Inc COMPANY NAME AUTHORIZED SIGNATURE ( 954 ) 977-4552 SLRphen L. Bunch TELEPHONE NO. PRINTED NAME �t�v�. �urach��$� mann. com Salsa Coazaitan,t E-MAIL ADDRESS TITLE July 9Lh, 2018 DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No.015-1290-1811T Page 1205 of 1675 g,� 1 beltman www.beltmann.g w MATERIAL ERIAL&EQUIPMENT i RA A E SHEET Material Description lute Plastic Moving Crates (Rental) @$.25 per crate per day Legal Size Office Tote Dox(2.5 cubic Ft.) @$2.50 each Book Carton (1.5 cubic Ft.) @$2.00 each Speed Pack Container(15 cubic Ft.) @$15.00 each ( otee Speed packs used during relocations are$2.50 each-) Anti-Static Bubble Bags (For Computers) @$2.00 each Anti-Static Bubble wrap (24"x250')per roll @$75.00 per roll Regular Clear Bubble wrap (24"x2501) per roll @ $60.00 per roll Tape @$2.00 per roll Rolled Corrugated_ Card Board (48"x2501) @ $50.00 per roll (Note: Corrugated used to protect facilities are at no charge) Movers Packing Paper @$.50 per pound Stretch Wrap (24" x 2509) rr $30.00 per roll Equipment Description Rate Four-wheel Dollies (Four-wheel dollies used by the Beltmann crew while performing the move are at no charge) (Note. If it is required that the four-wheel dallies remain on-site a daily rental fee of$,50 per dolly per day will apply.) Panel Carts (Panel Carts used by the Beltmann crew while performing the move are at no charge) (Note, If it is required that the panel carts remain on-site a daily rental fee of$3.50 per cart per day will apply.) Book Carts @$2.50 per cart par day Beltmann Group Incorporated 3039 N.Andrews Ave. Extension,Pompano,FL 33064 Toll Free(800)-829-4440 Telephone(954)-977«4552 Fax(954)-977-5963 Stephen Bunch,Commercial Relocation consultant Mobile 954-325-7473 Dade MR-143 Broward 55 Palm Beach M01-003'1 AkAdIlk e II ort erica n. Page 1206 of 1675 REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-1210-181IT PROPOSER ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425.0310 Telephone: (561)742-3322 RFP Title: RI N-ICIPAL COMPLEX RELOCATION SERVICES iRFP Number: 015-1210-1811T RFP Received By: JULY 9, 2018, NO LATER THAN 2:30 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for'.JULY 9 2018 NO LATER THAN 2:30 P.M. LOCAL TIME and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Firm: Bzitmann 9&oup Inc Federal J.D. Number: 41-1287t34 A Corporation of the State of: fl innezo.La Area Code: 954 Telephone Number: 977-4552 Area Code: 954 FAX Number: 977 -5963 Mailing Address: 3039 N. Aad&ew-6 Ave. Cxt. City/StateiZip: Pom/zano Beach, FL 33064 E-mail Address: .6ieve. Aunch@ eltmann. com Authorized Signature ,SigpAgn L. Bunch Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No. 015-1210-1811T Page 1207 of 1675 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "MUNICIPAL COMPLEX RELOCATION SERVICES" RFP NO.: 015-1210-18/IT DATE SUBMITTED: July 9th, 2018 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the dneuments prepared by: THE E 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 1311) THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 25 COMPLETE AND ACCEPTABLE, RFP No.015-1210-18/IT Page 1208 of 1675 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with__..... . this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: Be.etmann !stoup Inc 2. Business Address: 3039 N. And semz Ave. 6x.t. Pompano Beach; FL 33064 3. When Organized: 195 4. Where Incorporated: !'l inne�ota 5. How many years have you been engaged in business under, the present firm name? 93 years 6. General character of work performed by your company. 7o lu sa i.6h all .2a,koa ;eon a.6.6,angey, .inz.ta-teat.ion and teeocat.ion o,e Zag.izt.icz /u2n.iLaa-a, /ixtune.6 and e-qu-ipmenJt in acco4dance mi.th given zpecilica.t.ion.s. 34. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. -600 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. N/A 11. Have you ever defaulted on a contract? If so, where and why?* No THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 28 COMPLETE AND ACCEPTABLE. RFP No.015-1210-1811T Page 1209 of 1675 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone# !'1/7C1 S 558, 963. 00 Joe Cun.il-t 305-995-1404 NP-altheane DizY-&-iei 80, 000. 00 Tom Ceea&e 561-659-5865 o,Z I a m Beach Uy 11n-ivl-A-ioa 48, 748. 00 Na siiiz Roda-iguez 305-471-3930 Cffy ffeaethea&e 44, 557. 00 Michae-e RcLaughZ-ia 954-837-2651 13. Contracts on hand. * NDCPS. 14. Largest completed projects (include final cost). 1) NDCPS - ab zLaied a8.ove (ez '-ima.Led y2Zy Aevenue 500, 000) 2) Iffil Co sp _ 2. 3171. 3) gzeenRe cg 7&aun.iy - 200, 000 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: * None 2) occurred within the last 4 years: *Ndne 3) provide case number and style: * NIA Dated at. Pompano Beach, FL this 9-th day of au-ey 20 18 By: (written signature) Name: Stephen L. launch (printed or typed) Title: Sa-gez Conhaxiaat THIS PAGE TO BE SUBMITTED F6R PROPOSAL TO BE CONSIDERED 29 COMPLETE AND ACCEPTABLE, RFP No.045-4270-1811T Page 1210 of 1675 REFERENCES FOR Beltmann jrnoup Inc NAME OF FIRM Company Name: .. e _ 2 - fLeaithcaae Diztaict of Palm Beach County Address: 515 N. Fiaglea Dzive, Ste 700- Yezt Palm Beach, FL 33407 Contact Name: Tom Cleaae, PhD, 11BA Pyrone: Fax: E-Mali: (561) 659-5865 (561)659--4620 tcleaae@hcdpkc. com .n ..,_u..z,.+... �.. ..FF:r ar_ ....-ter' -.r.s ._... r. r._... ..._..:.;. ... -E... .+_r-. }... _35._. _ ...ter_». ....x.. __.,• — _.,� Company Name: City o/ G1-;_,at Palm Beach Address: 401 C.Eemat.iz Si, 5th Fi Glezt Palm Beach, 7:L 33401 Contact Name: DOA,Zett Pl.iixea Phone: Fax: E-Mail: (561) 822-1400 - :r m. .+-_ ate:..__ ........ _.�.,: ._ _-..:.•_a._ .�.:......,. .r. Company Name: Niam.i.-Dade Puglia Schoolz, FF96 Address: 1450 NE 2nd Ave, Suite # 309 ffiam.i, FL 33132 Contact Name: aozeph Cun.il-e Phone: Fax: E-Mail: (305) 995-1404 jcun-ill@dadezchoolz net Company Name: univ.izion Commun.icat.ionz lira Address: 9405 N19 41-6t St, N_iam.i_, Fe 33178 Contact Name: 1'la&t.bz" Rod-&.iguez, SVP Phone: Fax: E-Mail: (305)471-3930 maoda.iguez@un.iv.iz_ion.n t THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFP No. 015-1210-18/IT Page 1211 of 1675 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA } SS COUNTY OF PALM BEACH ) 1, the undersigned hereby duly sworn, depose and say that no portion of the sum heroin submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME -SIGNATURE Sworn and subscribed before me this 9th day of 0--t 20 18 Printed Information: - Stephen L. Bunch NAME Saiee Conzuitan.t TITLE NOTARY PUBLIC, State-of Florida at Large Beetmann Gnou/1 .Enc. COMPANY ,x t Myo o MMI5SION I FF 152243 o * EXPIAE&wlembet 2B,2%18 a• — .—A "OFFICIAL "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO 8E SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No.015-1270-181IT Page 1212 of 1675 NON COLLUSION AFFIDAVIT OF PROPOSER State of F-to2.ida ) County of Pa em Beach ) Stephen L. Bunch being first duly sworn, deposes and says that: 1) HefShe is Sa.Ee.d COn.6u-9.tanL of Bei.tnnann GaouR Inc , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 015-1210-1811T for MUNICIPAL COMPLEX RELOCATION SERVICES, 2) He/She is fully informed respecting the preparation and contents of the attached submittal acrd of all pertinent circurnstan-ees respecting such aubmittai, . .3) Said.RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Si ned -'� ( 9 ) (Title) Sa-tez Conzu.ftani Subscribed and sworn to before me This 9th day of Ju-99 , 20 18 HEw OETS4 My commission expires ;s missltxi+fF3 1 'Bo�s+dP}�S►N pptemper�ruLkgltnderwr.en THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETE AND ACCEPTABLE. RFP No.015-1210-181sT Page 1213 of 1675 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 Yes No If Yes, please indicate by an "X" in the appropriate box. { } AMERICAN INDIAN ( } ASIAN ( ) BLACK { } Hl-Sr ANI-C { ) WOMEN ( } OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDEREE? 33 COMPLETE AND ACCEPTABLE, RFP No.015-1210-1811T Page 1214 of 1675 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied firms have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: i) Publish a statement notifying em-pfoyees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintairring a drug-free workplace, any avail-able drug courrseling, rel rabiiitaiiorr, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement arid will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certi that this firm c mplies fully with the above requirements. Firm' Ig faltur THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 34 COMPLETE AND ACCEPTABLE, RFP No.015-1210-1811T Page 1215 of 1675 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and In furtherance thereof may demand and obtain record8 and testimony from the Contractor and Its subcontractors and lower tier Subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its -subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may-b-e d-eemed by the municipalfty to be a mate-riai breach of this contract justifying its termination. BAttmaan G.couR Inc. CONTRACTOR NAME By Stepheiz L. Bunch Title: SaXe.6 Conzu.itant Date: PXY 9LA, 2018 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 35 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18iiT Page 1216 of 1675 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, Danny Non.t gome zy , the GeneAal 17ana_ge2 —of. (Name of officer of company) (Title of officer of company) Bel.tmann !9nou/2 lac. , located at 3039 N. And2ew.6 hve. ;t Pompano. Beach, FL (Name of Corporation/Company) (Business Address) 33064 Certify that I am a-n author iz'ed r epresentatVve of thre busi-ness and, on be loll 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: Beftmann yn.oup Inc. 1. Is the business located within the City limits YES NO X Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YE=S X NO Business License receipt issued in the current year? Number: 4412820 3. Is the business registered with the Florida YES X NO Division of Corporations? f 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 tha he business IF, required to notify the City in writing should it cease to qualify as a local bus' ess. Print Name: Ddnny 170n.t gomeRy Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 36 COMPLETE AND ACCEPTABLE. RFP No.015-1210-1 WIT Page 1217 of 1675 Florida Department of Agriculture and Consumer Services Division of Consumer Services 2005 Apalachee Pkwy - - Tallahassee,Florida 32399-6500 . /Il . March 21, 2017 BELTMANN GROUP INCORPORATED 2480 LONG LADE RD ROSEVILLE,MN 55113-2534 SUBJECT: Registration Number:IM158 Your application and fee for registration as an Intrastate Mover of Household Goods as required in Florida by Chapter 507,Florida Statutes,have been received and processed, This certificate should be prominently displayed in your primary place of business. This registration is not valid at any place of business other than those designated in your application,unless the Department is notified in writing in advance of any change of location. This registration is not assignable, You may not conduct business under more than one name except as registered. PLEASE NOTE the new Iaw requires you to provide to the shipper a written estimate and contract prior to providing any moving services. The estimate and contract must also be signed and dated by both the shipper and mover. In addition, all contracts must contain the following phrase: is registered with the State of Florida as a Mover. Registration No. Each advertisement you place must include the phrase: "Fla. Mover Reg. No. ", Each of the mover's vehicles must display a sign on the driver's.side door which includes at least one of these phrases in lettering of at least 1.5 inches in height. If you have any questions, please call the Division of Consumer Services toll free at (800)HELP-FLA (435- 7352),or 850-410-3800 if calling from outside Florida. -----.--...........................------------------------------------- Gut Here State of Florida Department of Agriculture and Consumer Services Registration No.: IM158 Division of Consumer Services Issue Date: March 20,2017 i r 2605 Apalac6ee Fk�vy Expiration Date: February26,2019 %f1 p �.� Tallahassee Florida 32399-6540 POST CERTIFICATE Intrastate Mover of Household Goods CONSPICUOUSLY Registration Certificate Chapter 507,Florida Statutes BELTMANN GROUT'INCORPORATED DBA:BELTMANN RELOCATION GROUP 2480 LONG LAKE RD ADAM H.PUTNAM ROSEVILLE,MN 55113-2534 COMMISSIONER OF AGRICULTURE Page 1218 of 1675 -- mpano beach Florida's Warmest Welcome CITY°OF POMPANO. BEACH BUSINESS TAX RECEIPT FISCAL YEAR: 2017 - 20.18 THIS IS NOT A BILL Easiness Tax Recelp# Valid Brom: October I, 2017 #hrough September 30, 2015 9/19/2017 4412820 BELTMANN GROUP INCORPORATED 3039 NANDRE: S AV EXT POMPANO BEACH FL 3306.4 THIS IS YOUR BUSINESS TAX RECEIPT. PLEASE POST IN A.CONSpICU011S PLACE AT THE ..BUSINESS LOCATION. BUSINESS OWNER:; BELTMANN GROUP INCORPORATED BUSINESS LOCATION: 3039 N ANDREWS AV EXT POMPANO BEACH FL RECEIPT NO CLASSIFICATION 1,8700029664 MOVING AGENT WITH STORAGE NOTICE: A TIE41f APPI ICATON'MUST BE F Ii ED IF THE BUSINESS NAME;OWNERSHIP OR ADDRESS IS CHANGED. 't IE ISSUANCE OF A BUSINESS TAX RECEIPT SHALL NOT BE DEEMED A WAIVER OF ANY PROVISION OF THE CITY CODE NOR SHALT,THE ISSUANCE OF A BUSINESS TAX RECEIPT BE CDN$TRUED TO BEA jUDGEM NT OF THE CITY AS TO THE CompETENCE OF THE APPLICANT TO TRANSACT BUSINESS. THIS DOCUMENVT£ANNOT BE ALTERED:_. BUSINESS TAX RECEIPTS EXPIRE SEPTEMBER 30T' OF EACH VERRge 1219 of 1675 WIA Request for `taxpayer ` Give Form to the Form Identification Number and Gertifieation requester,Do not (Rev.November 2017) send to the ERS. Department of the Treasury f Co to�w wJrs. oWFormW9 for instructions and the latest information. internal Revenue Service g 1 Name(a$shown on your Income tax return).Name Is requiMd on this line;do riot leave this line blank. ' Kt 2 Business name/disregarded x SCA 4nama,1f dl►fere�n�t fr�onm above 8 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply onlyto a) following seven boxes. certain entities,not individuals;see a instructions on page S): L-1 C Corporation ❑S Corporation ❑ Partnership ❑Trust/estatd 0 ❑ Individuat/sola propriotorar P m single-member LLG Exempt payee code(if any) ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,i=Partnership)0 0 � Nate:Check the appropriate box in the line above forthe tax classification of the single-member owner. po not check Exemption from FATCA reporting 4 G LLC if the LLC is classified as a single-member LLCthat is disregarded from the owner unless the owner of the LLC is Gods[if any) A U another LLC that Is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of its owner. U - _ -'r plies roaccourrrswarnrarned oursrde the U.S� m ❑ Other(see instructions)► ) n 5 Address(number,^street,and apt.or suite nn.)]S�eee I,nstrupc'tlons. liiem�ttaeCe AdtiresS address(optional) N ►"C Y Fi, C� m Be,Ytmann Grasp,IRc` 30 . A:n.dreaus e. (D S Ci tate,and ZIP code Pd X01, 450, QMV(AlJ �1• ?J©� NlittneapoE�s,IYIN' 585 7 Ust account n mbor(s)here(optional) ' Taxpayer Iden#i#ication Number{TIN) I rater your TiN in the appropriate box.The TIN provided must match the dame given on line 1 to avoid Social security number backup withholding.For individuals,this Is generally your social security number(SSN).However,fora resident alien,sole proprietor,or disregarded entity,sea the Instructions far Part I,later.For other entities,it is your employer identification number(EIN).if you do not have a number,see hfow fo get a TIN, later. or Note:If the account is in more than one name,see the instructions for line i.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. M41 g 7 3ILM Certification Linder penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be Issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(e)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.5.person(defined below);and 4.The FATGA code(s)entered on this form(if any)indicating that 1 am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and divide you are not required to s' n the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Stl2 Signature of Here t1,S atvre of Date General instructions Form 1099-171V(dividends,inctading those from stacks or mutual unds) Section references are to the Internal Revenue Code unless otherwise ,Form 1(399-MiSC{various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments .Form 1099-8(stock or mutual fund sales and certain other related to Foran W-9 and its instructions,such as legislation enacted transactions by brokers) t after they were published,go to www.lrs.gov1F0rmW9. •Form 1099-5(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) •Form 1098(home mortgage interest),1098--E(student loan interest), An individual or entity(Form W-9 requester)who is required to file an 1098-T(tuition) information return with the IRS must obtain your correct taxpayer .Form 1098-C canceled debt) identification number(11N)which may be your social security number (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number 1ATIN),or employer identification number Use Form W-9 only if you are a U.S.person(including a resident (EIN),to report ars an information return the amount paid to you,or other alien),to provide your correct TiN. amount reportable on an Information return.Examples of'information 1 f you do not return Form W-9 to the requester with a TIN,you might returns include,but are not limited to,the following. be subject to backup withholding.See What is backup withholding, Form 1099-iNT(interest earned or paid) later. Cat.No.10231X Form W-9(Rev, 11-2017) Page 1220 of 1675 c oo •-4 Cl) (D Qpm n m — � ' (D o Cf) 0- U) m Z ::y0 ty -0 (D O ow v mooCL ff. s o o(Qn w m m -•*I " (D o p cn 3 n 0 o to o oa w CD CD o � O n oo °� mom n Qc' o CD CD o `� a o0) p o 0 m CD zr oo w CF -' vmrin � ro ° -u � �Dn � C :::s' cn o to N Z m o Q o {0 (D o 0 0 "i R@ ~ 06 d> CD O = ~U w � 5. CL (D m C). v fly a ro C C) co w _ N S a w a r Q � 73 w o o o ETI '[7 z n (O (D 0O 4 r o m y CD o o N w As o ITE n � a s N X CD O ((D ++ tT o- Vitzj C O M y "m m H a CDD (D Cl? o0a n, D. Q3 Z on aCD CL A COto � o oo "'1 00 -.1 Gro' — 0 CD 00 --n ...s `_ rn0 to 5 arFl rn (Do cnww —I m-,,. m c � Cf) CDr 0 N N o� � c0m Cn C) o a {7 a ° w W ITE M m a) M rn c 0 O ' :a (D 7 w @ o I CL v mw . oo c� n w CL p m o m v a o � ° ° o -0 0 Qv 0tor� m .wt m Oa w CD 0 m o o (' Q CL (ons '0 oc) (D rn � 0CD two �h — 5 =!, (D (D , w � c, Page 1221 of 1675 "Non _Appi.ica&Xe** STATEMENT OF NO SUBMITTAL If you are not submitting an RFP for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton.Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of firm's name from the vendor list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFP No.: 015-1210-181[T for "MUNICIPAL COMPLEX REL.00ATION.SERVICES" 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: 38 Page 1222 of 1675 ,Sf$'�lr�\�� �i(Jia.:ltt, i1s14 t i�,tf,i 1 ), tt s}i 1 tt\l�t tftll ,t`;\"iSk\ \ 1t1 1ii11J i', 7\t�2\�\tUt+flt\tlf }�l�trf'3 7\1 Y\,1ii+4 :s44r� '11\�l{,t\t�4 ,ft ? WQ1, rr'tJ}3lslrtt'ft4Jl�jJliti`z�is`S\,�tt4St\J,tsttrf\ „1,� 4}1}( t{; It,iS \\t{, sfi � ,\ tc)'4ty1i{ ii\fi\���\l'i\�ttZz�\,r,�}i\\s`tSj$#`}'ytli��t`a!, \J3}„',\�t\}��1\�7•V}\I��{ttlt'�Ucf\Gi11iSl!\\#st'41` ;��$i,'�j,,, '� � �tt11`;y�1sk(,},11\l)�J{ii\\;.\134s�,�y��`�}�\?�t+t#t1t, \,,<" �)t, a(�.l�ltf iiti �.^I a,l� t}t1« +i'(f, ]VI , i}}i N'C', i t r IxM \#,c,r� ,k s(,z�#nt�\1`1�\ltttt)\l�t�t�i,V1P�},}it,t full,jlyti?}i,)�t , �\ \'. 1,\{l��c k+ii��tJs)rllfli}S4`,i1 rh�l�}ft `�� ,, `, ,� ,, l^- �� }; �O V��„ S��O� � ,+ ��E S `1 t f a, \ \j f,lyiS,Stat(i t 311 f\i\t ■ i _ 210-18/1 1 18/1 T S)t`(}}�\�'ytrjf3\'t'�,7��5\';`�{s\ �t`\, SiR (�11�■ tS,\9' l\t}i�1�f)�t\?ti#f s7#2`Ii�ijs+#`\'�\1(,51a)t U tA1`i;}i AiA'.f rsAVAtss'{,titi?ti7is itA�r}� t(t1;$St��Aktt�t S itt�t �v {s \1a{r} t 1}d� t( t TORY PRE-13,14,1110 �5 �� CONFERENCE AND SITE V1,�(T 't�)� ���1 1�s5?7,}Irt yt}'1 tAoil{iil, tt\V�`\i1Ar � fi\�S„ St1y�,�+�stf\�}nS U7�1�S}J'�i1A`v�� t('1+at,' "i�)iAlllaj „�,iF Jtl1{��i��ls1{Stf11i,tV �� A itrSShly\f', 11A�ts�'' 3i41ri ij°. Jun ��8 AT 9.0 V A.M. ( \� )�lAi;ti tr2lt�u�i}s,ii }fS�)}\'� try��t$1 t}S 1�}{S\liar s ,aa��11�v� I��}1,�, \'',AsVr�4'i Isis,�tF 1t �,i��ttVs'tSt�\�t�Si\ s.�\'BOYNONHCITY HALL rq s1 �> r t s ±�lt1tttt1}t�V�{�t�1vtt1a�vjvs'yn�U�sv{9js�,ih1}1v�tii�t1rr,}1}5 rt l3l't���i;v 1}Jti}#vs,s\�;,}n A(� I, �' �s`,Vvtrt )r,r}r1, S ,w1 jlCOMISS (s1}1�\,167116}{1ULEVST BOYNTOH BO1tft1ts 121763}{,'F, Illi i,+ f t +BOYNTON BES " H, FL 33435 h{?l#�\\ftt(Z�t l ti ,\t� 1,+yt}'i,er± Itttijti�?r 1\,�tA�,1: t4lit'�tr{t�t,\',tttittt,sy,t{�t(t\�l1}) ;a 1i'i�itfSt)1}�tt,\}`` r ti 11;\� ,SI�i 7i 1 Ji f\- „ \S 141\{`t r}t)1 St1\it��1,1\t 6611\i''�i'ti 113t\ f\�ii+itS�t\\t�\rtiVstsjift)�i9`t�fit,jl)(li,s, �l1�rl4l���i��\\���rjit�R��\\�\',1�,�) , it#r{1{a RFP DUE DATE: JULY 9, 2018 RFP CLOSING TIME: 2:30 P. M. (LOCAL TIME) CITY HALL, FINANCE/PROCUREMENT SERVICES Page 1223 of 1675 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX. (561)742-6316 REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-1210-18/IT Sealed RFP's will be received in Procurement Services, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: July 9, 2018, No Later Than 2:30 P.M. (Local Time). RFP's will be opened in: 100 E. Boynton Beach Boulevard CITY HALL—2ND FLOOR ATTENTION ALL INTERESTED RESPONDENTS Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. If you prefer that a copy be mailed via U.S.P.S., please contact the City's Procurement Division at (561) 742-6322. Respondent(s) who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. One (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submissions of the response shall be submitted in one sealed package clearly marked on the outside: "RFP NO. 015-1210-18/IT — MUNICIPAL COMPLEX RELOCATION SERVICES" and addressed to: City of Boynton Beach, Finance/Procurement Services,100 E. Boynton Beach Boulevard, or P.O. Box 310, Boynton Beach, FL 33425-0310. RFP's received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that an RFP can be considered. If no award has been made, the City reserves the right to consider RFP's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFP. America's Gateway to the Gulf Stream 2 Page 1224 of 1675 PUBLIC RECORDS DISCLOSURE Pursuant to Florida Statutes §119.07, sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING /CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: triestmani&bbfl.us City of Boynton Beach 3 RFP No.015-1210-18/IT Page 1225 of 1675 SCOPE OF SERVICES The City of Boynton Beach is soliciting proposals from qualified respondents to provide professional relocation/moving services for the City's Municipal Complex located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Ilyse Triestman, Purchasing Manager Telephone: (561) 742-6322; Email: triestmanip_bbfl.us Office Hours: MONDAY — FRIDAY, 8:00 A.M. to 5:00 P.M. CITY OF BOYNTON BEACH .0401-W W- A-�-k Tim W. Howard Assistant City Manager -Administration REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK. City of Boynton Beach 4 RFP No.015-1210-18/IT Page 1226 of 1675 TABLE OF CONTENTS REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-1210-18/IT Section I —Submittal Information . .......................................................................................6 Section 11 — Purpose, Background and Scope of Services ...........................................7 - 12 Section III — Proposal Submittal Instructions and Requirements. ...............................13 - 14 Section IV— Proposal Evaluation Method and Criteria..............................................15 GeneralConditions . ...................................................................................................16 -23 Proposer Acknowledgement . ............................................................................................24 Addenda ............................................................................................................................25 PriceProposal ............................................................................................................26 - 27 Statement of Qualifications . .......................................................................................28 - 29 ReferenceForm ................................................................................................................30 Anti-Kickback Affidavit . .....................................................................................................31 Non Collusion Affidavit ......................................................................................................32 Confirmation of Minority Owned Business . ......................................................................33 Confirmation of Drug-Free Workplace . .............................................................................34 Acknowledgement of PBC Inspector General....................................................................35 Local Business Status Certification Form...............................................................36 Schedule of Subcontractors ..............................................................................................37 Statement of No Submittal . ...............................................................................................38 "DRAFT" Professional Services Agreement. ..............................................................39 - 43 City of Boynton Beach 5 RFP No.015-1210-18/IT Page 1227 of 1675 REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-1210-18/IT Section I —SUBMITTAL INFORMATION A. The City of Boynton Beach will receive RFP responses until July 9, 2018, no later than 2:30 P.M. (LOCAL TIME) in Procurement Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, to provide the City with a textile-oriented recycling collection and donation box franchise program as further identified herein. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the qualifier to have their RFP response delivered to Finance/Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that allows for tracking and delivery confirmation. RFP responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the qualifier's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFP and prior to the award being made. C. If any addenda are issued to this REQUEST FOR PROPOSAL, the City will attempt to notify all prospective proposers who have secured same, however, it shall be the responsibility of each proposer, prior to submitting the RFP response, to contact Finance/Procurement Services at (561) 742-6322 to determine if any addenda were issued and to make any addendum acknowledgements and comply with the requirements of each addendum as part of their RFP response. D. One (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submissions of the RFP response, shall be submitted in one sealed package clearly marked on the outside "RFP No. 015-1210-18/IT— MUNICIPAL COMPLEX RELOCATION SERVICES", and addressed to: City of Boynton Beach, Finance/Procurement Services, 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425-0310. E. Responses shall clearly indicate the legal name, address and telephone number of the proposer (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the proposer to the submitted RFP. Proposers must note their Federal I.D. number on their RFP submittal and include a copy of their W-9. F. All expenses for making RFP responses to the City are to be borne by the proposer. G. A sample draft contract that the City intends to execute with the successful firm is contained in this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. The scope of services will closely track the scope of work detailed in Section II of this Request for Proposal. City of Boynton Beach 6 RFP No.015-1210-18/IT Page 1228 of 1675 A MANDATORY Pre-Bid Conference and Site inspection is scheduled for June 18, 2018 at 9:00 A.M. (local time), at the Boynton Beach City Hall, Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, Florida. After the pre-bid conference, attendees will be escorted around the City's Municipal Complex and then we will travel to the temporary sites as a group. Attendance at both the pre-bid conference and site inspections is mandatory and proof of attendance will be evidenced by the Bidder's signature or signature of Bidder's designee on the attendance sheet provided. Firm proposals will be rejected if the respondent has not attended the conference and the site inspections. In an attempt to minimize disruption to and interference with regular City operations, attendance is limited to no more than two (2) representatives from any one firm. Section II — PURPOSE, BACKGROUND AND SCOPE OF SERVICES REQUESTED 1. PURPOSE The City of Boynton Beach (the "City"), a political subdivision of the State of Florida, located in Palm Beach County, is soliciting proposals for professional relocation/moving services from experienced movers for the relocation of the City's Municipal Complex, which consists of the main City Hall building, the west wing (Development Department) and the east wing (Police Department.) All identified contents and furnishings will be moved to two (2) different temporary locations pending the completion of the recently approved Town Square Project. The projected timeline for the completion of this project is estimated to be 24-36 months. Upon completion of the Town Square project, the City will require moving services from the temporary locations to the new buildings. This RFP is also soliciting proposals for the final move. 2. BACKGROUND The Boynton Beach City Hall/Police Department is located at 100 E. Boynton Beach Blvd, Boynton Beach, Florida 33435. The City Hall includes various departments that provide City various services and the Police Department. The City Hall section of the building is approximately 53,000 square feet and the Police Department section of the building is approximately 18,000 square feet. The City of Boynton Beach began making plans to revitalize its downtown area that will include building a new 110,000 square foot City Hall/Library complex and a separate Police Station on another piece of City owned property. This will entail City Hall and Police to move into temporary locations during construction and then move into the new buildings once constructed. The existing City Hall/Police building will be torn down. 3. SCOPE OF SERVICES TO BE PERFORMED The Contractor shall furnish all labor/personnel, move managers and coordinators, supervision, materials, supplies, tools, equipment, and expertise necessary to perform the planning, packing, relocation, unpacking, installation, and re-connection of all property. The Contractor shall work in coordination with the City's project manager, as well as other personnel of the City. The move will not be in sequence or in consecutive days and client will coordinate the road map/sequence with the successful Contractor. It should be expressed that certain groups may be need to be relocated during overnight moves, or multi-day move sequences -as well as periods of time with little to no move activity. Contractor may not cause any interruption to the day-to-day operations without prior written approval of the Project Manager. The term Vendor, Mover, or Contractor City of Boynton Beach 7 RFP No.015-1210-18/IT Page 1229 of 1675 used within this solicitation are synonymous and refer to the bidder. The current City municipal buildings will be moved to three (3) temporary locations for approximately twenty-four (24) months during construction of new buildings and then will move from the temporary space to the new buildings. 3.1 Contractor agrees to commit sufficient resources to perform all services and additional services required under this Agreement within the mutually agreed upon time schedules. 3.2 The Contractor acknowledges that the City has explained the timely completion of the Services under this Agreement is of critical importance to the City. Contractor agrees that time is of the essence for completion of the Contractor's performance. 3.3 Revisions to the schedule which are the result of an action or omission of the City, or its employees or agents shall be mutually agreed upon by both parties and shall be in writing. 3.4 Services to be performed by Contractor are as described below. The Mover shall be responsible for confirming all types and quantities of existing furniture to be moved. 3.5 There are a significant number of items that will not move. These items include mainly furniture and fixtures and will be declared surplus prior to the move. However, we cannot provide an itemized list of these items at this time. 3.6 Provide your method for moving file cabinets (up to five (5) drawers in size). Workforce Requirements: 3.7 The workforce of the Contractor shall consist of full time professional moving personnel who are experienced with large office moves. 3.8 The Contractor will provide a full time experienced Project Manager on site. The Contractor's Project Manager and other designated representatives will work closely and collaboratively with the City's Representative during each move. The Project Manager may be requested to be on site throughout the duration of each move. 3.9 The City reserves the right to approve/or reject the Project Manager designated to work with the City. The City also reserves the right to require the removal of any member of the Contractor's move team from the site. 3.10 Contractor's workforce must be identifiable by uniform, name tags, badges or other safeguards for security purposes required by the City. 3.11 Contractor may not sub-contract any part of the move without prior approval of the City's representative Personnel descriptions/definitions: a. Move Coordinator/Project Manager: The Contractor shall furnish a Move Coordinator who will work closely with the City's Project Manager and Move Coordinator(s) in conducting pre-move coordination and planning services in the months prior to the physical relocation work. The Contractor's Move Coordinator shall have at least two (2) years experience in performing such services for commercial moves of the type required by the contract performance requirements, this person shall be a full time employee of the Contractor and should submit resume's as a response to this solicitation confirming experience in Government/Municipal move services. Contractor shall provide a resume for Contractor's Move Coordinator, which substantiates the required experience, upon the City's request. A Move Coordinator shall be available on site at all times and shall have the authority to act for the contractor at all times. Work includes development and use of necessary forms, way finding tools, processes, equipment lists, instructions, and inventory work required to fully plan and execute the work. City of Boynton Beach 8 RFP No.015-1210-18/IT Page 1230 of 1675 b. Supervisors: The Contractor shall provide an on-site move supervisor who will supervise the work of Contractor's drivers, helpers, and workers during the execution of each move. When performing moves between different locations, the Contractor shall provide at least one supervisor at each point of origin and at least one supervisor at each destination point, unless otherwise approved by the City's Project Manager. Each supervisor shall have at least one-year experience in supervising commercial moves, this person shall be a full time employee of the Contractor and should submit resume's with the response to this solicitation confirming experience in Government/Municipal move services. Contractor shall provide resumes for Contractor's Move Supervisors, which substantiates the required experience, upon the City's request. Resume must include the individual's name, address, and Florida driver's license. Move supervisor shall document existing conditions prior to their work to avoid being charged for damage found during or after the move work. Work includes development and use of necessary forms, way finding tools, processes, equipment lists, instructions, rate tracking, and inventory work required to fully plan and execute the work. C. Workers: Contractor shall provide workers, as required, to complete each move within the specified time frame and responsibilities. Workers will be required to perform actual moving services, including, but not limited to, disassembly, packing, labeling, moving, unpacking, loading dock and elevator supervision, reassembling City property, clean up move sites, etc., as required by the City. Workers must provide all manpower to run elevators, be staged at doors and all necessary guidance for move materials and items. Cl. Drivers: Contractor shall provide and obtain necessary permits and valid licenses for all drivers related to the transportation of county materials; in addition, all drivers must employ adequate driving skills. Vehicle Requirements: 3.12 All vehicles must have valid and current registration, Department of Highway Safety and Motor Vehicle Fuel Decal, if applicable, and be in safe working order. All markings and tags must be clearly visible. 3.13 Contractor must furnish clean and mechanically sound, closed-type vehicle(s) of sufficient size to accommodate the shipment and properly licensed personnel to operate such vehicle(s). Unless a specific size and type of vehicle is requested by the City, Contractor will use their best judgment in furnishing vehicles(s) of the most appropriate type and size for the required services. Contractor will not be allowed to substitute and charge for two (2) or more small vehicles if a large vehicle(s) would have been sufficient and appropriate to accomplish the job. If such instance should occur, Contractor will charge only for the lesser number of vehicles that should have been furnished. Contractor is solely responsible for vehicle insurance. Vehicle(s) must be in good repair and in compliance with all federal, state, and local laws and regulations for operation. All vehicles must be equipped sufficiently with clean pads, covers, and other protective equipment to ensure safe transit and delivery of property. Protective covering must be used during the loading and unloading operations in the event of inclement weather. 3.14 Contractor and its subcontractor(s) must be familiar with all applicable Federal, State, County, City and local laws, regulations or codes and be governed accordingly, as they will apply to this contract and the actions or operations of those engaged in the work or concerning materials. 3.15 All employees of Contractor shall be considered to be, at all times, the sole employees of Contractor and not an employee or agent of the City of Boynton Beach. The City may require Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise questionable. City of Boynton Beach 9 RFP No.015-1210-18/IT Page 1231 of 1675 3.16 Trucking and Loading Dock Limitations: Contractor shall be responsible for selection of proper vehicle(s), to fit the limitations of the origin and destination building loading docks, access, and surrounding streets. Safety Standards: 3.17 Contractor agrees and warrants that it and its workforce shall comply with applicable OSHA and EPA regulations. Further, all equipment used shall meet all requirements identified by the State of Florida. 3.18 Contractor agrees that compliance with the standards and rules and regulations identified above shall be at the Contractor's cost. Proof of compliance with the above shall be submitted at the City's request. Contractor's General Requirements: 3.19 The Contractor will provide all necessary labor and materials to carry out its responsibilities within the time frames set by the City. 3.20 When disassembly and assembly of property is required, the Contractor will furnish labor and equipment sufficient to accomplish the task. 3.21 Contractor shall be responsible for packing, safe transportation and reuse of all existing hardware associated with the disassembly of equipment and furniture. 3.22 The Contractor will be responsible for safeguarding and protecting its own work, material, tools and equipment. 3.23 If the Contractor requires the use of a dumpster during the performance of the Work, the Contractor must coordinate with the City's project manager. The Contractor shall, at all times, keep the premises free from excessive accumulation of waste material or rubbish caused by its employees or work. 3.24 Contractor's Project Manager shall perform a walk-through with the City Representative to evaluate the new locations to document any existing damage. 3.25 Contractor's Project Manager is responsible for all aspects of project management for the move and punch list. 3.26 The Contractor may have to schedule work in cooperation with other contractors working on-site at City facilities. The Contractor will collaborate with the City regarding completing their work while accommodating these activities. 3.27 Contractor shall arrive at the move site promptly with all necessary equipment to complete the job. 3.28 All necessary permits, if required, are to be provided by the Contractor and such cost shall be included in the proposed prices. 3.29 All furnishings, equipment and supplies will be transported in weather tight vans. 3.30 Contractor will verify that the equipment weight will not hinder delivery of the equipment or damage property during transport. 3.31 Contractor shall provide necessary protection, padding and equipment without additional charge to the City. 3.32 Any furniture, equipment and supplies within the responsibility of the Contractor will be delivered to the destination site in good condition. Any equipment, furniture or supplies damaged or lost during the move will be the responsibility of the Contractor, who will promptly replace all damaged goods or will be responsible for the cost of repair, and at the time of final acceptance of work, the Contractor will afford the City Representative access for inspecting the work. Inspections will take place prior to approval of invoices. 3.33 Travel time to or from the Contractors facility to the work site is included in the proposal. 3.34 Any additional work required after the initial move shall be authorized by the City Representative prior to work being done. City of Boynton Beach 10 RFP No.015-1210-18/IT Page 1232 of 1675 The City of Boynton Beach's Responsibility: 3.35 The City Representative will coordinate the move between the Departments and the designated Contractor's Project Manager. 3.36 City personnel will pack and label boxes, furniture and equipment. 3.37 City Representative will provide floor plans showing the furniture layout, reconfiguration before the move to the Contractor. 3.38 City staff will be responsible for packing/unpacking their personal belongings. Staff will not be responsible for emptying and refilling file cabinets. Mover shall supply all necessary packing materials on an as-needed basis. 3.39 City staff will disconnect desktops and phones and will box them up. Mover will be responsible for moving boxes to the new locations. City IT staff will unpack and reconnect of all computers and related equipment (computers, printers, faxes, telephones, keyboards, computer mice, speakers, etc.). Main server equipment will be relocated by City IT staff and is not included in this scope. 3.40 City staff will coordinate the move of all leased copiers. The Contractor will be responsible for moving City-owned copiers and multi-function devices. This equipment will be identified during the walk-thru. 3.41 The final move schedules will be determined by the City. There will be no additional fees, costs or penalties to the City as a result of schedule changes. The City will advise the Contractor of changes as far in advance as possible. The City and the Contractor will jointly establish a detailed work schedule. Penalties: 3.42 If, during the term of this Agreement, the Contractor fails to provide property protection that is reasonable and necessary as determined by the City, and damage ensues, the Contractor shall immediately repair the damage in an acceptable manner to the City, or the City shall have the option, but not the obligation, to repair and charge the Contractor for all costs of the repair. 3.43 If the Contractor fails to maintain the premises in a neat and rubbish free condition, as mandated by fire and personal safety standards and acceptable to the City, the City may clean the area and charge the Contractor for the cost of the work. 3.44 If the Contractor fails to arrive at the previously agreed upon locations at the agreed upon time, and with a full complement of staff and equipment to complete the work required, a penalty may be charged equaling 10% of the charges for that phase of work. Schedule: The move(s) are expected to occur sometime between August and October 2018. All moving dates and schedules listed herein are not to be considered exact and may be modified by the Project Manager at no additional cost to the City. City of Boynton Beach 11 RFP No.015-1210-18/IT Page 1233 of 1675 EMPLOYEE COUNT AT CURRENT LOCATIONS (ESTIMATED) City Hall (Main) West Wing Police Department Building and Zoning 20 Utilities 12 Clerk 5 Comm. & Marketing 2 Dev Services 13 Economic Development 2 ITS 14 HR 10 Public Works 2 Finance 14 Community Standards 23 City Commission 5 City Attorney 2 City Manager 3 Other 3 5 200 THE REMINADER OF THE PAGE IS INTENTIONALLY LEFT BLANK City of Boynton Beach 12 RFP No.015-1210-18/IT Page 1234 of 1675 Section III - PROPOSAL SUBMITTAL INSTRUCTIONS AND REQUIREMENTS I. In order to facilitate the analysis of responses to this RFP, Respondents are required to prepare their proposals in accordance with the instructions outlined in this section. Consultants whose proposals deviate from these instructions may be considered non- responsive and may be disqualified at the discretion of the City of Boynton Beach. II. Proposals shall be prepared as simply as possible and provide a straightforward, concise description of the Respondent's capabilities to satisfy the requirements of the RFP. Expensive bindings, color displays, promotional materials, etc., are not necessary or desired. Emphasis shall be concentrated on accuracy, completeness, and clarity of content. a. Each of the six (6) sections listed below shall be tabbed and labeled. b. Each page shall be numbered on the bottom right hand corner. c. Submit one (1) one (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submissions Cl. The proposal shall be organized as follows: Proposal Tab Section Title 1. Introduction letter 2. Firm Qualifications and Experience Approach 3. Scope of Services Proposed 4. References 5. Price Proposal Form 6. Submittal Forms TAB 1 - INTRODUCTION LETTER — The Respondent shall provide an introduction letter on corporate letterhead, signed by an authorized representative of the company. The letter should clearly indicate the company name, address and signature. This letter shall provide a brief narrative highlighting the Respondent's proposal. This tab section should not include cost quotations. TAB 2 — FIRM QUALIFICATIONS AND EXPERIENCE APPROACH — The Respondent shall provide a brief description of the firm, including the state of organization or incorporation, ownership structure (e.g., sole proprietorship, partnership, limited liability corporation, corporation) and its business philosophy. If the respondent is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal should be noted, if applicable. Particular emphasis should be given as to how the firm-wide experience and expertise in the area of relocation services for similar entities will be brought to bear on the proposed work. This section must also identify the contact person supervisory personnel who will work on the project. Resumes of each person should be provided with emphasis being given to their experience with similar work. If resumes are not available at the time the proposal is submitted, the firm should provide a listing of the qualifications, including education, experience, etc. City of Boynton Beach 13 RFP No.015-1210-18/IT Page 1235 of 1675 The respondent shall also describe any litigation or proceeding whereby, during the past two years, a court or any administrative agency has ruled against the firm in any manner related to its professional activities. Similar information shall be provided for any current of pending litigation. TAB 3 — SCOPE OF SERVICES PROPOSED — The Respondent shall clearly describe the scope of services proposed. Describe details of your approach and work plans. A brief statement must be included which explains why your approach and plan would be the most effective and beneficial to the City of Boynton Beach. The Respondent should respond in depth to each of the following areas of concern: a. Propose a specific number of man-hours required to achieve a smooth and efficient relocation of City property within the timelines provided. b. Provide a list of the equipment that will be utilized for each move. C. Describe the role of the Respondent's on-site supervisory personnel. Cl. Offer an agenda of the pre-move meeting with City Representative including all topics of discussion. TAB 4 — REFERENCES - Respondents shall provide a list and description of similar services satisfactorily provided within the past three (3) years. For each engagement listed, include the name and telephone number of a representative for whom the engagement was undertaken who can verify satisfactory performance. TAB 5 - PRICE PROPOSAL - Respondents shall submit a signed, firm, fixed price proposal for providing all services, materials, etc. required for relocation services as described herein. TAB 6 — SUBMITTAL FORMS — Respondents must complete and submit the required forms in order for submittal to be considered a valid response. DO NOT INCLUDE YOUR PRICE PROPOSAL FORMS IN THIS SECTION RATHER INCLUDE THEM IN TAB 5 — PRICE PROPOSAL. ■ Proposer's Acknowledgement ■ Addendum(s) ■ Statement of Proposer's Qualifications ■ References ■ Anti-Kickback Affidavit ■ Non Collusion Affidavit of Prime Proposer ■ Confirmation of Minority Owned Business ■ Confirmation of a Drug Free Workplace ■ Acknowledgement of PBC Inspector General ■ City of Boynton Beach Local Business Status ■ Schedule of Sub-Consultants ■ Statement of No Proposal (if applicable) City of Boynton Beach 14 RFP No.015-1210-18/IT Page 1236 of 1675 Section IV— PROPOSAL EVALUATION METHOD AND CRITERIA: The evaluation criteria define the factors that will be used by the selection committee to evaluate and score responsible and qualified proposals. Prospective firms shall include sufficient information to allow the selection committee to thoroughly evaluate and score their proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified firm(s) in accordance with the weighted criteria listed below. The Selection Committee may request oral presentations from the firms submitting proposals. If requested, the oral presentations may be considered in the evaluation process and scoring. If oral presentations are held, Proposers will be allowed twenty (20) minutes for their presentation followed by a question and answer period of no more than fifteen (15) minutes. Evaluation Criteria Weight (max points) Scope of Services Proposed 30 Firm Qualifications 25 References 20 Price 20 Local Business Status Certification 5 Total 100 City of Boynton Beach 15 RFP No.015-1210-18/IT Page 1237 of 1675 REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-1210-18/IT GENERAL CONDITIONS FOR PROPOSERS 1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the qualifier will in no way relieve them from responsibility. 2. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: Proposal must contain an original signature of a representative who is legally authorized to contractually bind the Proposer. 4. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the firm's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. 5. BID DEADLINE: It is the proposer's responsibility to assure that the proposal is delivered at the proper time and place prior to the proposal deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Proposals which for any reason are not delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider proposals that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal. Offers by telegram or telephone are not acceptable. 6. RIGHT TO REJECT RFP: Right is reserved to reject any or all RFP's and to waive technical errors, or to accept any RFP's that are in part deemed as the best responsible qualifier which represents the most advantageous RFP to the City. In determining the "most advantageous RFP", price, quantifiable factors, and other factors are considered. This would include specifications, proposed schedule, the proposed price and other factors contributing to the overall acquisition cost of this service. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a qualifier's proposed service, ability to supply and provide service, delivery to required schedules and past City of Boynton Beach 16 RFP No.015-1210-18/IT Page 1238 of 1675 performances in other Contracts with the City or other government entities. 7. RIGHTS OF THE CITY: The City expressly reserves the right to: • Waive as an informality, minor deviations from specifications at a lower price than the best responsible qualifier meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; • Waive any defect, irregularity or informality in any RFP or qualifying procedure; • Reject or cancel any or all RFP's; • Reissue Request For Proposal Invitation; • Extend the RFP opening time and date; • Consider and accept an alternate RFP as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: • Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; • A satisfactory record of performances; • A satisfactory record of integrity; • Qualified legally to Contract within the State of Florida and the City of Boynton Beach; • Supplied all necessary information in connection with the inquiry concerning responsibility. 9. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere, each qualifier must submit for RFP evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous RFP or on file with the buyer will not satisfy this provision. 10. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the RFP closing. Inquiries must reference the date by which the RFP is to be received. 11. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. City of Boynton Beach 17 RFP No.015-1210-18/IT Page 1239 of 1675 12. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFP's wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 13. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposers at the Office of Procurement Services, it is each qualifier's responsibility to check with the issuing office and immediately secure all addenda before submitting RFP's. It is the usual practice for the City to upload all addenda to Demanstar.com, but it cannot be guaranteed that all Proposers will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge receipt of ALL addenda by notation on the RFP. 14. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 15. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier's RFP on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the RFP. The use of qualifier's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 16. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 17. 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 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. City of Boynton Beach 18 RFP No.015-1210-18/IT Page 1240 of 1675 18. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the respondent. 19. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 20. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 21. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(l 1), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 22. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". 23. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 24. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in City of Boynton Beach 19 RFP No.015-1210-18/IT Page 1241 of 1675 and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 25. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Franchisee, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 26. AWARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible qualifier whose RFP represents the most advantageous RFP to the City, Evaluation of RFP's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any qualifier, damages, if any, resulting from an improper award shall be limited to actual RFP preparation costs incurred by the challenging qualifier. In no case will the award be made until all necessary investigations have been made into the responsibility of the qualifier and the City is satisfied that the best responsible qualifier is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 27. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 28. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 29. INSURANCE REQUIREMENTS: Successful Offeror shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurances: Commercial Liability Insurance - A Commercial Liability Insurance Policy shall be provided which shall contain limits of no less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury liability, personal injury liability and property damage liability on a per project basis, and shall contain limits of no less than a Two Million Dollars ($2,000.000.00) aggregate. Coverage must be afforded on a form no more restrictive than CG 20 10 10 01 and CG 20 37 10 01 Commercial Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: premises and operations, independent City of Boynton Beach 20 RFP No.015-1210-18/IT Page 1242 of 1675 contractors, products and/or completed operations for contracts, broad form contractual coverage applicable to this specific Contract including any hold harmless and/or indemnification Contract, personal injury coverage with employee and contractual exclusions removed and policy limits shall be applied on a primary and non-contributory basis. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during course of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions. Workers Compensation Insurance - Workers' Compensation insurance to apply for all employees in compliance with State Statutory limits, as may be amended from time to time, the "Workers' Compensation Law" of the State of Domicile, and all applicable Federal laws. In addition, the policy(ies) must include employers' liability with a limit of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) aggregate limit by disease and One Million Dollars ($1,000,000.00) each employee by disease. Additionally, if there will be operations undertaken on or about navigable waters, a coverage endorsement must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. If exempt for Worker's Compensation, proper documentation shall be provided. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 30. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 31. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. City of Boynton Beach 21 RFP No.015-1210-18/IT Page 1243 of 1675 32. 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 City of Boynton Beach 22 RFP No.015-1210-18/IT Page 1244 of 1675 33. 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 Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." In order to be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFP submittal. Failure to submit this form at the time of RFP submittal will result in the Respondent being found ineligible for the local business preference for this solicitation and will receive zero (0) points for that criterion. If the Respondent meets the requirements of a local business as defined by the preference, the proposal will be awarded the full 5 points allotted by each evaluation committee member. Firms not meeting the requirements of the Preference will receive zero points in this evaluation criterion. QUESTIONS: Any questions relative to any item(s) or portion of Request for Proposal should be directed to Ilyse Triestman, Purchasing Manager, (561) 742-6322 Monday through Friday from 8:00 A.M. to 5:00 P.M; email: triestmani@,bbfl.us REMAINDER OF THE PAGE IS INTENTIONALLY BLANK. City of Boynton Beach 23 RFP No.015-1210-18/IT Page 1245 of 1675 REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-1210-18/IT PROPOSER ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFP Title: MUNICIPAL COMPLEX RELOCATION SERVICES RFP Number: 015-1210-18/IT RFP Received By: JULY 9, 2018, NO LATER THAN 2:30 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: JULY 9, 2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Firm: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: E-mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1246 of 1675 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "MUNICIPAL COMPLEX RELOCATION SERVICES" RFP NO.: 015-1210-18/IT DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 25 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1247 of 1675 REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-1210-18/IT PRICE PROPOSAL FORM LABOR ITEM DESCRIPTION REGULAR HOURLY OVERTIME RATE HOURLY RATE 1. Move Coordinator/Project Manager $ p/hr $ p/hr 2. Move Supervisor $ p/hr $ p/hr 3. Move Workers $ p/hr $ p/hr 4. Move Drivers $ p/hr $ p/hr 5. Move Installers $ p/hr $ p/hr 6. File Move Attendants $ p/hr $ p/hr 7. Installation Project Manager $ p/hr $ p/hr EQUIPMENT ITEM DESCRIPTION Unit Price / Unit of Measure Moving Van, 1,592 cubic foot 1. minimum truck includes truck and $ p/day driver Moving Van, 1,401 cubic foot 2. minimum truck includes truck and $ p/day driver Moving Van, 855 cubic foot $ p/day 3. minimum truck includes truck and driver THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1248 of 1675 REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-1210-18/IT PRICE PROPOSAL FORM (continued) EQUIPMENT ITEM DESCRIPTION Unit Price / Unit of Measure Moving Van, 669 cubic foot 4. minimum truck includes truck and $ p/day driver Moving Van, 400 cubic foot 5. minimum truck includes truck and $ p/day driver Moving Van, 317 cubic foot 6. minimum truck includes truck and $ p/day driver Proposer shall attach a copy of its rate sheet for use in pricing additional materials, equipment services as needed. These additional materials may include including cartons, bubble wrap, pallet jacks, wooden equipment carts, tape, shrink-wrap, etc. COMPANY NAME AUTHORIZED SIGNATURE TELEPHONE NO. PRINTED NAME E-MAIL ADDRESS TITLE DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1249 of 1675 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in business under the present firm name? 6. General character of work performed by your company. 34. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. 11. Have you ever defaulted on a contract? If so, where and why?* THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 28 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1250 of 1675 12. Experience in performance of work similar in importance to this project. Project $Value Contact Name Phone # 13. Contracts on hand. * 14. Largest completed projects (include final cost). 1) 2) 3) 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated at: this day of 20_ By: (written signature) Name: (printed or typed) Title: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 29 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1251 of 1675 REFERENCES FOR (NAME OF FIRM) 7, Vl� Vl� Vl� Vl� Vl� Vl� Vl� Vl� '\,' , Vll� , Vll� Vll� Vll� Vll� Vll� , Vll� Company Name: Address: Contact Name: Phone: Fax: E-Mail: ""k "' 1\' , Vll� , ll� ll� ll� Vll� ll- , ll� ll� ll� ll� Vll� , ll� ll� ll� ll� ll� ll Company Name: Address: Contact Name: Phone: Fax: E-Mail: Vl� Vl� Vl� V�� V\� N '\,' , Vl� , Vl� Company Name: Address: Contact Name: Phone: Fax: E-Mail: ""k "' 1\' , Vll� , ll� ll� ll� Vll� ll- , ll� ll� ll� ll� Vll� , ll� ll� ll� ll� ll� ll� Company Name: Address: Contact Name: Phone: Fax: E-Mail: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1252 of 1675 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1253 of 1675 NON COLLUSION AFFIDAVIT OF PROPOSER State of ) County of ) being first duly sworn, deposes and says that: 1) He/She is of the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 015-1210-18/IT for MUNICIPAL COMPLEX RELOCATION SERVICES. 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 My commission expires THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1254 of 1675 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 33 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1255 of 1675 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied firms have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Firm's Signature THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 34 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1256 of 1675 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 35 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1257 of 1675 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, , the of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 36 COMPLETE AND ACCEPTABLE. RFP No.015-1210-18/IT Page 1258 of 1675 @ S = o o ■ � / / \ \ \ � \ \ * § 0 \ � \ (L § ° r 2 = \ \ \ 2 / �E S � $ �/ / \ \ � �E ± k \ LO ) Q 77 r- ® 3 ƒ 7 £ S \ \ � � \ o $ O / .. co = m ° ° � � k \ [ q aay g o0 U) / ¥ \ / 6 % \ . ■ @ � Co = 7 [ o V oO2 { S_ 2 / 20 o > * o S o o U0) k _ 5, E- o U) � � k � \ CL LU & CU E co /4— /q � " 0 - § « Co z � 0 � k \ \ � k � k G � o = � © = 00 0 � O 07/ \ � \ / \ \ 0U G W k 4- � &\ �p co a j k o @ = ¥ 7 k \ / $ 2g o o = ® = w ' _ _ = Cl) 2 $ f 0Lu d t � z � -0 " �k § j a O � q S § f a $ n e = § § & _ CL 2 = s E � � p (n 22 LU mU LU 2 co .kik � � � 0 Q U E -0 ¥ / \ LU 2 U) 7. Eo o / /$ \ /\ / S @ ° e @ (n ± � 2 / tag / Eo R o nCl o y2 ± $ 0 § 0 o / 0 CL 4— o / o - Coc U 0 0 22 \ 2oaE � It \ ¥ 0 = @tet [ # 0200 (n Skf 0- { j \ @ ± o - 2 0 § 7 $ / o a) L7 U 5 \ 0 Co 0) 7 / 0 ' STATEMENT OF NO SUBMITTAL If you are not submitting an RFP for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of firm's name from the vendor list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFP No.: 015-1210-18/IT for "MUNICIPAL COMPLEX RELOCATION SERVICES" 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: 38 Page 1260 of 1675 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RELOCATION SERVICES PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and , hereinafter referred to as "Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform professional services in connection with the RFP FOR MUNICIPAL COMPLEX RELOCATION SERVICES; RFP No.: 015-1210-18/IT. 2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified in Section II —Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement will commence upon execution by all parties and shall terminate XXXX unless otherwise terminated pursuant to Section 15 of this Agreement. 5. COMPENSATION: 5.1 The City agrees to pay to Contractor an amount not to exceed XXXXXXXXX for the services designated in Exhibit "A", as well as any additional moving services needed post-move. 5.2 All payment for services shall be in accordance with the cost as designated in the Compensation Schedule, attached hereto and incorporated herein as Exhibit "B", and invoiced by Contractor monthly. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Contractor's endeavors. 7. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. 9. INSURANCE. Successful Contractor shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurances: 39 Page 1261 of 1675 Commercial Liability Insurance - A Commercial Liability Insurance Policy shall be provided which shall contain limits of no less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury liability, personal injury liability and property damage liability on a per project basis, and shall contain limits of no less than a Two Million Dollars ($2,000.000.00) aggregate. Coverage must be afforded on a form no more restrictive than CG 20 10 10 01 and CG 20 37 10 01 Commercial Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: premises and operations, independent contractors, products and/or completed operations for contracts, broad form contractual coverage applicable to this specific Contract including any hold harmless and/or indemnification Contract, personal injury coverage with employee and contractual exclusions removed and policy limits shall be applied on a primary and non-contributory basis. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during course of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions. Workers Compensation Insurance - Workers' Compensation insurance to apply for all employees in compliance with State Statutory limits, as may be amended from time to time, the "Workers' Compensation Law" of the State of Domicile, and all applicable Federal laws. In addition, the policy(ies) must include employers' liability with a limit of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) aggregate limit by disease and One Million Dollars ($1,000,000.00) each employee by disease. Additionally, if there will be operations undertaken on or about navigable waters, a coverage endorsement must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. If exempt for Worker's Compensation, proper documentation shall be provided. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 40 Page 1262 of 1675 11. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Contractor. b. In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Franchisee hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Franchisee and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Contractor shall be sent to the following address: 41 Page 1263 of 1675 18. INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Contractor. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. 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 42 Page 1264 of 1675 DATED this day of 20 CITY OF BOYNTON BEACH BY: Lori LaVerriere, City Manager TITLE: Attest/Authenticated: PRINT NAME: DATE: (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 4t"265 of 1675 7.B. BIDS AND PURCHASES OVER$100,000 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Approve an increase to Johnson Controls Fire Protection formerly Simplex Grinnell for contractual fire alarm/sprinkler system services and repairs under the Sourcewell formerly NJ PA Contract 031517-SGL from$24,000 to $100,000. EXPLANATION OF REQUEST: Johnson Controls Fire Protection (J CFP) formerly Simplex Grinnell provides fire alarm/sprinkler monitoring, inspections, and services/repairs for various fire alarm/sprinkler systems throughout the City facilities. The City budgeted $75,608 for a blanket with Simplex Grinnell for FY2017/2018 utilizing the NJ PA Contract #031913-SGL, but because the contract expired on April 23, 2018 we could only request funding to cover expenses from October 1, 2017 through April 23, 2018. W hen staff requested the contract extension paperwork it was discovered that NJ PA is now called Sourcewell and Simplex Grinnell was bought by Johnson Controls Fire Protection. Staff requested a blanket purchase order for $24,000 beginning April 24, 2018 and has expended most of those funds and anticipates an additional $53,000 thru the end of the fiscal year. Staff requests increasing the blanket purchase order to $100,000 to cover anticipated costs and provide additional funds for unexpected costs. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The National Fire Protection (NFP) Code and the Fire Department requires that fire alarm and sprinkler systems in all City facilities be annually monitored, inspected, maintained and all deficiencies are corrected. Failure to meet these requirements would result in receiving violation notifications from the Fire Department and would render the systems ineffective. FISCAL IMPACT: Budgeted Funding is budget in the following accounts: Facilities Management Account #001-2511-519-49-17 Library Account(Schoolhouse Museum) #001-2612-571-46-20 Utilities Admin Account #401-2821-536-49-17 Utilities West Water Plant Account #401-2811-539-49-17 Previous years expense: FY 16/17 $60,000 FY 15/16 $59,000 FY 14/15 $75,000 ALTERNATIVES: Discontinue the fire protection services and have the City issue a formal bid for these Page 1266 of 1675 services and repairs. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Johnson Controls Fire Protection START DATE: 6/30/2017 END DATE: 6/30/2021 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Contract Johnson Controls Fire Protection C01 D Contract Johnson Controls Fire Protection Rider Name Change D Contract Contract# 1 D Contract Contract#2 D Contract Contract#3 Page 1267 of 1675 — 7 DATE(MMIDD/YYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 10/09/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc. NAME' 411 E.Wisconsin Avenue A'ONE arc No), Suite 1300 E-MAIL Milwaukee,WI 53202 ADDRESS: Attn:JCI.Certrequest@marsh.com INSURER(S)AFFORDING COVERAGE NAIC# 011077--5-17-18' IN-SURERA:Old Republic Insurance Company 24147 INSURED INSURER B:ACE Pro art and Casualty Insurance Company 20699 Johnson Controls,Inc. - Tyco International Holding S.a.r.l, INSURER C: SimplexGrinnell LP INSURER D: (see attached",cord 101) 5757 North Green Bay Avenue INSURER E: _ Milwaukee,WI 53209 i INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-008761374-01 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR ADDLSUBRPOTYPE OF INSURANCE NSO WVD POLICY NUMBER M.ML LTR DDrY`YYY MM(DDlYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY ''MWZY310897 10!01/20i7 10/01/2018 EACH CCCURRENCE $ 10,000,000 DAMAG CLAIMS-MADE LJ OCCUR PREM SESOEa oecur ence $ 10,000,000 X Contractual Liab4lity MED EXP(Any cne person) $ 50,000 X XCU Included PERSONAL&ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 30,000,000 X POLICY[7 PRJECCT 7 LOC PRODUCTS-COMP/OP AGG $ INC IN GEN AGG OTHER- $ A AUTOMOBILE LIABILITY MWTB 310896(Excludes New Hamp) 10/01/2017 10/01/2018 COMBINED SINGLE LIMIT $ 7,500,000 Ea accident A X ANY AUTO MWTB 310898(New Hampshire Only) 10/01/2017 10/01/2018 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED H NON-OWNED FIRPE!�Tv DAMAGE $ AUTOS ONLY AUTOS ONLY Per acc��dent New Hampshire(CSL) $ 250,000 X UMBRELLA LIAB X OCCUR 628162509 002 10/01/2017 1010112018 EACH CCCURRENCE $ 5,000,000 A X EXCESS LIAB CLAIMS-MADE MWZX 310899(NH-Excess Auto Only) 10/0112017 10/01/2018 AGGREGATE $ 5,000,000 DED I I RETENTION$ New Hampshire Excess $ 7,250,000 A WORKERS COMPENSATION MWC 310893 00(AOS-see page 2) T/01/2017 _1O_/01/2018 X STATUTE ORH AND EMPLOYERS'LIABILITY A Y/N MWXS 310894(OH&WA) 10/01!2017 10/01/2018 5,000,000 'ANYPROPRIETOR/PARTNER/EXECUTIVE �; IIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 5,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 5,000,000 DESCRIPTION CF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS f LOCATIONS)VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) See attached Acord 101 for additional information including Additional Insured,Primary/Non-contributory,Waiver of Subrogatloa and Notice of Cancellation provisions. CERTIFICATE HOLDER CANCELLATION City of Boynton Beach Building Dept, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 100 E Boynton Beach Blvd THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Boynton Beach,FL 3343E ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjeett�uvc►�% @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1268 of 1675 AGENCY CUSTOMER ID: 011077 LOC#: Milwaukee ACO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Johnson Controls,Inc. Tycc International Holding S.a.r.l, POLICY NUMBER SimplexGrinnell LP (see attached Acord 101) 5757 North Green Bay Avenue CARRIER NAIL CODE Milwaukee,WI 53209 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance WORKERS COMPENSATION: Workers Compensation"AOS"Policy includes coverage for employees from the following States WHILE WORKING IN ANY STATE:AK,AL,AR,AZ,CA,CO,CT,DC,DE,FL,GA, HI,IA,ID,IL,IN,KS,KY,LA,MA,MD,ME:MI,MN,MO,MS,MT,INC,NE,NH'.NJ,NM,NV,NY,OK,OR,PA,RI,SC,SD,TN,TX,UT,VA,VT,WI,&WV. PRIMARY COVERAGE: The General Liability and Automobile Liability policies are primary and not excess of or contributing with other insurance or self-insurance,where required by written lease or written contract.For General Liability,this applies to both ongoing and completed operations. WAIVER OF SUBROGATION: The General Liability,Automobile Liability,Workers Compensation and Employers Liability policies include a waiver of subrogation n favor of the certificate holder and any other person or organization to the extent required by written contract. Note that if Monitoring services are provided,Waiver of Subrogation does not apply to General Liability. ADDITIONAL INSURED-AUTOMOBILE LIABILITY: The Automobile Liability policy,if required by written contract,includes coverage for Additional Insureds as required by such written contract. ADDITIONAL INSURED-GENERAL LIABILITY: For General Liability,if required by written contract,the following are inc^@tided as additional insureds,as required pursuant to a written contract with a named insured,per attached Policy Endorsements A2 and A2A:THE CERTIFICATE HOLDER LISTED ON THIS CERTIFICATE OF LIABILITY INSURANCE,AND EACH OTHER PERSON OR ORGANIZATION REQUIRED TO BE INCLUDED AS AN ADDITIONAL ENSURED PURSUANT TO A WRITTEN CONTRACT WITH THE NAMED INSURED. LIMIT OF LIABILITY The Liability Limit that applies is the amount indicated on the face of this Certificate of Liability Insurance,or the minimum Liability limit that is required by the written contract, whichever is less. If there is no contract then the Liability Limit is limited to$1,000,000. UMBRELLAIEXCESS LIABILITY: lithe primary insurance policies noted on the face of this Certificate of Liability Insurance satisfy the combination of minimum primary limits and minimum Umbrella/Excess Liability limits required by the written contract,the Umbrella/Excess Liability limits shown on the face of this Certificate of Liability Insurance do not apply. NOTICE OF CANCELLATICN TO CERTIFICATE HOLDERS: Should any of the above described policies be cancelled,other than for non-payment,before the expiration date thereof,30 days advice of cancellation will be delivered to certificate holders in accordance with the policy endorsements. NAMED INSURED: Insureds include:Air Distribution Technologies IP,LLC;Air System Components,Inc.;Carter Brothers,LLC;CEM Access Systems,Inc.;Central CPVC Corporation;Central Sprinkler LLC;Chagrin H.Q.Venture Ltd;Chagrin Highlands Inc.;Chagrin Highlands Ltd.;Chemguard,Inc.;Connect 24 Wireless Communications Inc;Detcon,Inc.;Digital Security Controls,Inc.;Eastern Sheet Metal,Inc.;Elpas,Inc.;Exacq Technologies,Inc.;FBN Transportation,Inc.;Grinnell LLC,Hart&Cooley Trucking Company;Hart&Cooley,Inc.;Haz- Tank Fabricators,inc.;IMECO LLC;Infrared Systems Group,LLC;Integrated Systems and Power,Inc;Interstate Battery System International,Inc;Johnson Controls(Suisse)SA; Johnson Controls Advanced Power Solutions,LLC;Johnson Controls Air Conditioning and Refrigeration,Inc.;Johnson Controls APS Production,Inc.;Johnson Controls Battery Group,Inc.;Johnson Controls Building Automation Systems,LLC;Johnson Controls Engineering,LLC;Johnson Controls Federal Systems,Inc.;Johnson Controls Federal SystemsNersar,LLC;Johnson Controls Fire Protection LP;Johnson Controls Foundation,Inc.;Johnson Controls Government Systems LLC,Johnson Controls Navy Systems,LLC', Johnson Contro.s Security Solutions LLC;Koch Filter Corporation;Master Protection LP d/b/a FireMaster;Qolsys,Inc.;Retail Expert,Inc.;Ruskin Company;Ruskin Rooftop Systems,Inc.;Ruskin Service Company;Scott Technologies,Inc,;Selkirk Corporation;Senelco Iberia,Inc.;Sensormatic Asia/Pacific,Inc.;Sensormatic Electronics(Puerto Rico) LLC;Sensormatic Electronics,LLC;Sensormatic International,Inc.;ShcpperTrak International Investment LLC;ShopperTrak RCT Corporation;Shurjoint America,inc.;STI Licensing Corporation;STI Properties,Inc.;STI Prope ties,Ltd;STI Risk Management Co.;Tyco Cares Foundation;Tyco Fire&Security LLC;Tyco Fire Products LP;Tyco Integrated Security LLC;Tyco International Management Company,LLC;Visonic Inc.;WillFire HC,LLC;York International(SA),Inc.;and York International Corporation ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1269 of 1675 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - ENDORSEMENT A2 Named Insured ': Endorsement Number Johon Controls,Inc.,Tyco Int nsernational Holding S.a.r.1. I Policy Prefix Policy Number Policy Period j Effective Date of Endorsement M�NZY 3108`x7 10'01/17 to 10/01/18 10/01/2017 lssued By Old Republic Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): If required by contract,the person or organization listed on the certificate of insurance as additional insured,and each other persor or organization required to be included as an additional insured pursuant to a contract with a named insured. Location(s) Of Covered Operations: As required by contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"caused solely by: 1. Your acts or omissions; or 2. T`ie acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury"or"property damage"occurring after: 1. Ail work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury o, damage arises has 'Neen put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. GL 289 OC1 1012 MWZY 310897 Johnson Controls,lnc.Tyco lntemational Holding 10/01/2017- 10/01/2018 Page 1270 of 1675 IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS - ENDORSEMENT A2A Named Insured Endorsement Number Johnson Controls,Inc.,Tyco International Holding S.a.r.l. Policy Prefix Policy Number Policy Period Effective Date of Endorsement MWZY 1310897 10/01/117-to 10/01/18 10/01/2017 issued By Old Republic Insurance,Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): If required by contract,the person or organization listed on the certificate of insurance as additional insured,and each other person or organization required to be included as an additional insured pursuant to a contract with a named insured. Location And Description Of Completed Operations: As required by contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the persorn(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused solely by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" GL 289 002 1012 MWZY 310897 Johnson Controls,Inc.Tyco International Holding 1010112017- 10101/2018 Page 1271 of 1675 RIDER FOR NAME CHANGE TO JOHNSON CONTROLS FIRE PROTECTION LP THIS RIDER FOR NAME CHANGE TO JOHNSON CONTROLS FIRE PROTECTION LP('Rider")effective as of 12/17/2017 ("Effective Date") entered into by and between Johnson Controls Fire Protection LP (ftkla SimplexGrinnell LP) ("Johnson Controls") and National Joint Powers Alliance ("Customer") is incorporated into and made part of the Agreement by and between Johnson Controls and Customer(the "Agreement"). Hereinafter Johnson Controls and Customer may be referred to individually as a'party"or collectively as the`parties." 1. The parties hereby acknowledge that on January 25, 2016, Tyco International Plc., SimplexGrinnell LP's ("SimplexGrinnell") ultimate indirect parent, and Johnson Controls, Inc. publicly announced its plan to merge the combined companies to form Johnson Controls,Plc. As part of the reorganization,Simplex Grinnell's name was changed to Johnson Controls Fire Protection LP. Notwithstanding the foregoing,Johnson Controls'obligations to the Customer under the Agreement are not affected by the merger and/or name change and neither activity shall be considered an assignment for purposes of the Agreement. 2, Johnson Controls and Customer hereby agree that all references to"SimploxGrinnell"under the Agreement are hereby modified to read Johnson Controls Fire Protection LP or Johnson Controls, 3. The parties hereto mutually agree that the Agreement,of which this Rider is made a part,is and shall be and remain in full force and effect in accordance with all of the terms and conditions thereof,modified only as specifically provided in this Rider. If a conflict or inconsistency exists between the terms and conditions of the Agreement and this Rider,then the terms and conditions of this Rider shall prevail. This Rider may be signed in one or more counterparts,which taken together shall constitute the same Rider,as of the day and year first above written. CUSTOMER;National Jaint Powers A[IlancY JOHNSON CONTROLS FIRE PROTECTION LP �_.._ _ BY: By. Its Authorized Representative Its Authorized Representative Name Name Printed: Chad Coauette Printed: Thomas Staves Title: Executive Director/CEO Title: ative Contracts 41 e .: IJ {} T. 4 1a� r Jf 1 Rider—Name Change_US Fire Protection_11_10_17 Page 1272 of 1675 su#uow 1 s L Ie30y pa}e�t�d`��ii'N 4~ o (} 1e#01 lanuuy vilrni TH s " UO 04d jsay s#WBl7�#auaB�aul� su#u�w uOi}aadsul Mojl,-1 louanbaid uOl}aadsu!MOI}>faefl uc!#aadsu putt}sal mbl jslae sy#uOW uOl}aadsu!aaliluli' S �Cauanbaiu E uOl}aadsu!aal>1ul�d$ un#}aadsu put#say jalarulidS +; 8 #}uaaya N� Bul.lO}IuOlffJ tu�el�atld'.��m BultOuuOw uajela-ld sy}uOW Aouanba�d;- ual}aadsu!w#eitl atldu).a a a � (O G M uol}aadsul uaelyaald N N m a ,aaa 000 � o00 aqv ted _ C4N O O c m y } meq u „ a� Co N co U O i t o 0 , 6 r � s National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Art Center NJPA Region Code# Street Address: 125 Se 2nd Ave AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018 July 31,2018 $1,045.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Annual Mar Simplex 4010 ES Fire Panel(s) 1 Pull Stations 6 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 6 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 3 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 1 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$216.00 Annual Cost $747.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1274 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 5 $10.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,045.00 Customer Signature: Page 1275 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Civic Center NJPA Region Code# Street Address: 128 E Ocean Ave AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-July 31,2018 $865.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Annual Mar Firelite MS9200 Fire Panel(s) 1 Pull Stations 6 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 1 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 1 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 0 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$146.00 Annual Cost $549.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1276 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 14 $28.00 $0.00 $0.00 Date: Annual Recurring Cost: $885.00 Customer Signature: Page 1277 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Library NJPA Region Code# Street Address: 208 S Seacrest Blvd AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Michelle Koski Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $3,133.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Annual Mar Simplex 4100 U Fire Panel(s) 1 Pull Stations 21 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 37 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 6 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 128 Speakers 0 Heat Detectors 1 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 2 Annual Tamper Switches 4 Annual Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$1,454.00 Annual Cost $2,294.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 1 Semi-Annual Mar,Jun, Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 6 Quarterly PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Annual Sep Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No -$592.00 Annual Wet Sprinkler Cost $551.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1278 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Fire Alarm $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) $0.00 $0.00 Date: Annual Recurring Cost: $3,133.00 Customer Signature: Page 1279 of 1675 Monitoring Service Agreement Terms and Conditions Instructions and Explanation List SUBSCRIBER'S NAME: The Subscriber's legal name. If a business, this would be the name as indicated on the business license. Also include name of the building or premise if the Subscriber is a commercial property manager. MONITORING ACCOUNT# The account number(location address code)given to you by the Monitoring Center. ADDRESS: This must be the street address of the monitored premises, along with any additional address information such as Suite or Building#. Post office boxes cannot be allowed for obvious reasons. If a separate address or P.O. Box is used for billing purposes, please provide where indicated. CITY: City,Township, etc. where the Subscriber is located. STATE: State in which Subscriber is located. ZIP: Zip code in which Subscriber is located. ALARM PERMIT# Required by some Police Departments before they will respond to alarm activations. Usually there is a 4 to 6 week grace period to obtain Alarm Permit, after which time the police will no longer respond until a valid permit for the customer premise is obtained. Check the laws as they pertain to your area. For more information, contact your authority having jurisdiction. CUSTOMER NUMBER/SEQUENCE: The eight digit number assigned to this customer in the SimplexGrinnell billing system, along with the four digit Sequence Number which identifies the monitoring unit created for this account. PREMISE TELEPHONE# Subscriber's phone number. Used to verify alarm signals and to contact subscriber in the event of alarm malfunction. PREMISE FAX# Subscriber's fax number, if appropriate. CROSS STREET: Authority having jurisdiction often asks for the nearest cross street in order to expedite dispatching of emergency response personnel. BILLING ADDRESS: Subscriber billing address if it is different from the premise address. CONTACT/CALL LIST(RESPONSIBLE PARTIES) KEY: Check box if responsible party has keys to Subscriber's premises and is able to disarm alarm system. At least two of the responsible parties should have keys to the premises. NAME: Page 1280 of 1675 Responsible parties' names in the order in which they are to be called. Names listed should be persons who can shut off the alarm system and if necessary respond to the premises when notified of an alarm activation by the Monitoring Center. PHONE# Phone number at which the responsible party can be contacted by the Monitoring Center.This is presumed to be a residence phone PASS CODE/ABORT CODE: This can be a number, word, or combination of letters and numbers. It is a secret code selected by the Subscriber to confirm that the user is authorized to access account information, place the system on test and verify false alarms. All security alarm monitoring accounts must have a Pass Code; Pass Codes on fire alarm monitoring accounts are recommended but not required. On fire alarm accounts,the monitoring account number will function as the Pass Code if one is not selected by the Subscriber. EMERGENCY CALL LIST: List telephone number, including area code, of correct local emergency dispatch authority/agency (Police, Fire Department, 911, etc.). Be sure to verify that the Subscriber is located within the jurisdiction of the agency given.The number should be the 24-hour emergency dispatch number, not the administrative office. COMMUNICATOR: Manufacturer's name and type of dialer (DACT) used. MODEL# Model number of dialer (DACT) used. INTRUSION PANEL MODEL # Example: 3001, 3007, etc. FORMAT REPORTING: Check appropriate box or write in specific type of communications format to be used by the dialer (DACT). TIME ZONE: EST, CST, MST, PST. AUTOMATIC TEST TIMER INTERVAL: The interval between Automatic Timer tests, i.e. 24 hours (Daily), Weekly, Monthly or None. OPENING AND CLOSING SIGNALS: On security alarm systems only, dialers can be programmed to send a signal to the Monitoring Center each time the system is disarmed (opening signal) or armed (closing signal). OPEN/CLOSE - LOG ONLY: All opening and closing signals received by the Monitoring Center are logged in the account's activity history, but no action is taken by an operator. OPEN/CLOSE -SUPERVISED: The monitoring center will call on any opening or closing signals which are received outside of the scheduled "window" for the account. WINDOW: Page 1281 of 1675 If the Subscriber's business will be reporting Open/Close signals from a security alarm system which are to be supervised by the monitoring center,the default time set for the "window" is 60 minutes. The window works as follows: If a business is scheduled to open at 0800 and has a 60 minute window, the business will receive a call from the monitoring center for an Early Open if the system is disarmed prior to 0700. If the business does not open by 0900, the Monitoring Center will call on a No Open received. If the business is scheduled to close at 1700, but remains open (alarm system is not armed) past 1800, the Monitoring Center will call on the No Close Received. ACTIVITY REPORTS: Computer generated reports of all account activity, including Open/Close signals if applicable, which are to be sent periodically to the customer. Specify whether reports are to be sent monthly, weekly, or on some other basis. ZONE: Zones transmitted by the alarm system dialer to the Monitoring Center, i.e. 1, 2, 3, 31, 32, etc., depending on the electronic communications format used. It is necessary to list all zone information to be used by the dialer. PROTECTED AREA: Description of area the alarm zone would cover, i.e. Front Door, Warehouse, etc. on a security alarm. Please note that although you may have the resolution code list, be sure to always include the description of that zone in order to assure accuracy. AUD/SIL/VFY/ DISP: Check appropriate box. AUD =Audible Alarm; SIL=Silent Alarm;VFY=Verify; DISP= Dispatch ALARM TYPE: Fire, duress, burglary, etc. SIGNAL: Numeric or alphanumeric code sent by the alarm dialer to the Monitoring Center. Example: 1 or 01, 3 or 03, etc. depending on format. SPECIAL INSTRUCTIONS: Please note as specifically as possible any special instructions on how alarm activations are to be handled by the Monitoring Center if they differ in any way from normal dispatch and notification procedures. Example: "Call customer premise first to verify before dispatching on alarms received during normal business hours." STATE LICENSE# Include SimplexGrinnell State License#on this form, if applicable. Some states require this number to be printed on all correspondence. Check state and local jurisdiction laws or codes as they pertain to your area. DISTRICT CODE: This will normally be the district office listing number. COMPLETED BY: Name of person completing form. DATE: Date form was completed and signed. MAINTENANCE AGREEMENT COVERAGE CODE: Insert technical support response code for contracted response services. ANNUAL MONITORING FEE: Page 1282 of 1675 Write in the dollar amount to be billed to the customer on an annual basis. SUBSCRIBER AUTHORIZED SIGNATURE: This acknowledges Subscriber's agreement to pay the Annual Monitoring Fee, as well as Subscriber's agreement to be bound by the Terms and Conditions set forth by SimplexGrinnell on the reverse side of the Monitoring Service Agreement form. TERMS AND CONDITIONS 1.Introduction.Subscriber has contracted with SimplexGrinnell for monitoring services at the location indicated on the front side of this Agreement. 2.SimplexGrinnell's Duties.Subscriber agrees and acknowledges that SimplexGrinnell's sole and only obligation under this Agreement shall be to monitor signals sent by various media including,but not limited to,telephone lines,cellular devices,satellite technology,and radio telemetry and received by means of a protective system(hereinafter"System")and to respond thereto by notifying the party(or parties) identified by Subscriber.Upon receipt of a protective system signal,SimplexGrinnell shall WITHOUT WARRANTY attempt to notify the party (or parties)that has been identified by Subscriber as the proper party to notify under the circumstances encountered. 3.Waiver of Warranty;Exculpatory Clause.Subscriber understands that SimplexGrinnell offers several levels of protection services and that the level described has been chosen by Subscriber after considering and balancing various levels of protection afforded and their related costs.IT IS UNDERSTOOD AND AGREED THAT:SIMPLEXGRINNELL IS PROVIDING A SERVICE DESIGNED TO REDUCE THE RISK OF LOSS;THAT SIMPLEXGRINNELL IS NOT AN INSURER;THAT INSURANCE,IF ANY,SHALL BE OBTAINED BY SUBSCRIBER COVERING PERSONAL INJURY, INCLUDING DEATH,AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE;THE PAYMENTS HEREUNDER ARE BASED SOLELY ON THE VALUE OF THE MONITORING SERVICES AS DESCRIBED HEREIN AND ARE UNRELATED TO THE VALUE OF ANY OF SUBSCRIBER'S PROPERTY,ORTHE PROPERTY OF OTHERS LOCATED AT SUBSCRIBER'S LOCATION,THE VALUE OF WHICH IS KNOWN ONLY BY SUBSCRIBER;THAT SIMPLEXGRINNELL IS NOT LIABLE FOR LOSSES CAUSED BY THE MALFUNCTION OR NON-FUNCTION OF THE SYSTEM OR EQUIPMENT OR THE MONITORING,REPAIRING,SIGNAL HANDLING OR DISPATCHING SERVICES EVEN IF DUE TO SIMPLEXGRINNELL'S NEGLIGENCE OR FAILURE TO PERFORM.SIMPLEXGRINNELL MAKES NO GUARANTEE OR WARRANTY,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,THATTHE SERVICES OR EQUIPMENT SUPPLIED WILLAVERT OR PREVENT OCCURRENCES,OR THE CONSEQUENCES THEREFROM,WHICH THE SERVICES OR EQUIPMENT ARE DESIGNED TO DETECT.SIMPLEXGRINNELL MAKES NO WARRANTY OF ANY KIND,EXPRESS OR IMPLIED,THATTHE EQUIPMENT SUPPLIED,OR ANY HARDWARE,SOFTWARE OR NETWORKS USED IN CONNECTION WITH THE SYSTEM SHALL CORRECTLY HANDLE THE PROCESSING OF DATES BEFORE AND AFTER DECEMBER 31,1999,ORTHAT THE SERVICES HEREUNDER SHALL ENSURE SUCH CORRECT DATE HANDLING. 4.Third Party Indemnification.Since the parties agree that Subscriber retains the sole responsibility for the life and safety of all persons on its premises,and for protecting against losses to its own property and the property of others located on its premises,Subscriber agrees to indemnify,defend,and hold harmless SimplexGrinnell,its officers,employees,agents,subcontractors,suppliers,or representatives,from and against all claims,lawsuits,and losses,including attorneys'fees,by persons not a party to this Agreement,alleged to be caused by the improper operation of the system,whether due to malfunctioning or nonfunctioning of the system or the negligent performance or nonperformance of the monitoring services or other installation,maintenance,or other services by SimplexGrinnell or its officers,employees, agents,subcontractors,suppliers,or representatives.Additionally,Subscriber agrees to list SimplexGrinnell,its officers,employees,agents, subcontractors,suppliers,and representatives as additional insured on all insurance policies in effect on the premises. Page 1283 of 1675 5.Limitation of Liability;Liquidated Damages.SUBSCRIBER ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES,IF ANY,WHICH MAY PROXIMATELY RESULT FROM FAILURE ON THE PART OF SIMPLEXGRINNELL TO PERFORM ANY OF ITS OBLIGATIONS OR SERVICES HEREIN, INCLUDING,BUT NOT LIMITED TO,MONITORING SERVICES,INSTALLATION OR MAINTENANCE,THE FAILURE OF THE EQUIPMENT(SYSTEM)TO OPERATE PROPERLY, BY ACTIVE OR PASSIVE NEGLIGENCE,OR BY FAILURE TO PERFORM ANY OF THE OBLIGATIONS HEREIN,BECAUSE OF AMONG OTHER THINGS:(A)THE UNCERTAIN AMOUNT OR VALUE OF SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS KEPT AT THE MONITORED LOCATION WHICH MAYBE LOST,STOLEN,DESTROYED, DAMAGED OR OTHERWISE AFFECTED BY OCCURRENCES WHICH THE EQUIPMENT(SYSTEM)AND/OR SERVICES IS DESIGNED TO DETECT;(B)THE UNCERTAINTY OF THE RESPONSE TIME OF ANY POLICE DEPARTMENT,FIRE DEPARTMENT,PARAMEDIC UNIT,PATROL SERVICE OR OTHERS,SHOULD ANY OF THESE PARTIES BE DISPATCHED AS A RESULT OF A SIGNAL BEING RECEIVED OR AN AUDIBLE DEVICE SOUNDING;(C)THE INABILITY TO ASCERTAIN WHAT PORTION,IF ANY,OF ANY LOSS WOULD BE PROXIMATELY CAUSED BY SIMPLEXGRINNELL'S FAILURE TO PERFORM OR BY ITS EQUIPMENT'S FAILURE TO OPERATE;OR(D)THE UNCERTAIN NATURE OF OCCURRENCES WHICH MIGHT CAUSE INJURY OR DEATH TO SUBSCRIBER OR ANY OTHER PERSON.THEREFORE,SUBSCRIBER ACKNOWLEDGES AND AGREES THAT IF ANY LOSS OR LIABILITY IS ALLEGED AGAINST SIMPLEXGRINNELL,IRRESPECTIVE OF CAUSE,INCLUDING,BUT NOT LIMITED TO,WHETHER THE LOSS OR LIABILITY IS CAUSED BY SIMPLEXGRINNELL'S OWN NEGLIGENCE,SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUALTO THE ANNUAL MONITORING FEE OR TWENTY FIVE HUNDRED(2500.00)DOLLARS,WHICHEVER IS LESS.THIS SUM SHALL BE PAID AND RECEIVED AS EITHER(1)LIQUIDATED DAMAGES AND NOT AS A PENALTY,OR(2)AS A LIMITATION OF LIABILITY APPROVED AND AGREED UPON BY THE PARTIES.THE PAYMENT OF THIS AMOUNT SHALL BE SIMPLEXGRINNELL'S SOLE AND EXCLUSIVE LIABILITY.UNDER NO CIRCUMSTANCES SHALL SIMPLEXGRINNELL BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON FOR GENERAL,SPECIAL, INCIDENTAL,OR CONSEQUENTIAL DAMAGES OF ANY NATURE IN EXCESS OF SUCH AMOUNT,INCLUDING,WITHOUT LIMITATION,DAMAGES FOR PERSONAL INJURY OR DAMAGES TO REAL OR PERSONAL PROPERTY,LOSS OF PROPERTY OR REVENUE,COST OF CAPITAL,COSTS OF PURCHASED OR REPLACED GOODS,OTHER ECONOMIC LOSS HOWEVER OCCASIONED,AND WHETHER ALLEGED AS CAUSED BY THE INSTALLATION,REPAIR,DESIGN,SALE,LEASE,OR FAILURE OF THE MONITORING EQUIPMENT OR SERVICE OR THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT OR BREACH OF WARRANTY OR NEGLIGENCE,ACTIVE,PASSIVE,JOINT,SEVERAL OR OTHERWISE,STRICT LIABILITY,TORT,OR OTHERWISE BY SIMPLEXGRINNELL,ITS OFFICERS,EMPLOYEES, AGENTS,SUBCONTRACTORS,SUPPLIERS,OR REPRESENTATIVES.Subscriber agrees to obtain insurance coverage adequate to protect Subscriber's interest in light of the limitation of liability stated in this Agreement.If subscriber wishes SimplexGrinnell to increase the amount of the above limitation of liability or liquidated damages,Subscriber may inquire about obtaining an increase to this amount in exchange for the payment of an additional monthly charge,but such additional monthly charge shall not be construed to mean that SimplexGrinnell is an insurer orto relieve Subscriber of the sole responsibility to obtain and maintain insurance.The foregoing shall survive the termination or expiration of this Agreement.SimplexGrinnell assumes no responsibility for any loss in excess of such amount. 6.Subscriber's Duties.In addition to Subscriber's duty to indemnify,defend,and hold SimplexGrinnell harmless as provided above:(a) Subscriber shall carefully and properly test and set the system immediately prior to the securing of the premises and carefully test the system in a manner prescribed by SimplexGrinnell during the term of this Agreement.Subscriber shall be solely responsible for testing the System for accurate date handling capabilities,and for maintaining such capabilities.Subscriber agrees that it is responsible for any losses or damages due to malfunction,miscommunication,or failure of Subscriber's system to accurately handle,process,or communicate date data.If any defect in operation of the System develops,or in the event of a power failure,interruption of telephone service,or other interruption at Subscriber's premises of signal or data transmission through any media,Subscriber shall notify SimplexGrinnell immediately.If space/interior protection(i.e.,ultrasonic,microwave,infrared,etc.)is part of the System,Subscriber shall walk test the system in the manner recommended by SimplexGrinnell.(b)When any device or protection is used,including,but not limited to,space protection,which may be affected by turbulence of air,occupied airspace change or other disturbance,forced air heaters,air conditioners,horns,bells,animals and any other source of air turbulence or movement which may interfere with the effectiveness of the System during closed periods while the alarm system is on,Subscriber shall notify SimplexGrinnell.(c)Subscriber shall notify SimplexGrinnell regarding any remodeling or other changes to the protected premises that may affect operation of the System.(d)Subscriber shall cooperate with SimplexGrinnell in the installation,operation, and maintenance of the system and agrees to follow all instructions and procedures which may be prescribed for the operation of the System, the rendering of services and the provision of security for the premises.(e)Subscriber shall pay all charges made by any telephone company or other utility for installation,leasing,and service charges of telephone lines connecting Subscriber's premises to SimplexGrinnell.Subscriber acknowledges that alarm signals from Subscriber's premises to SimplexGrinnell are transmitted over Subscriber's telephone service and that in the event the telephone service is out of order,disconnected,placed on"vacation,"or otherwise interrupted,signals from Subscriber's alarm system will not be received by SimplexGrinnell during any such interruption in telephone service and the interruption will not be known to SimplexGrinnell.Subscriber agrees that in the event the equipment or system continuously transmits signals reasonably determined by SimplexGrinnell to be false and/or excessive in number,Subscriber shall be subject to the additional costs and fees incurred by SimplexGrinnell in receiving and/or responding to the excessive signals. 7.Authorized Personnel&Emergency Information.Subscriber agrees to furnish forthwith a written list of the names,addresses and telephone numbers of all persons authorized to enter or remain on Subscriber's premises and/or that should be notified in the event of an alarm.Subscriber agrees to provide all changes,revision and modifications to the above to SimplexGrinnell in writing in a timely manner. Subscriber shall furnish to SimplexGrinnell certain emergency information and shall keep it current by providing SimplexGrinnell with any changes in writing,providing the required identifying information in a timely manner. Page 1284 of 1675 8.Assignees and/or Subcontractors of SimplexGrinnell.SimplexGrinnell shall have the right to assign this Agreement in whole or in part to any other person,firm,or corporation and shall have the further right to subcontract any surveillance,monitoring,maintenance,patrol, emergency response,or other services which it may be required to perform hereunder.Subscriber acknowledges that this Agreement,and particularly those paragraphs relating to SimplexGrinnell's maximum liability and third party indemnification,shall inure to the benefit of and are applicable to any assignees and/or subcontractors of SimplexGrinnell,and that they bind Subscriber with respect to said assignees and/or subcontractors with the same force and effect as they bind Subscriber to SimplexGrinnell. 9.Assignment by Subscriber.Subscriber acknowledges that the sale or transfer of Subscriber's premises shall not relieve Subscriber of duties and obligations under this Agreement unless SimplexGrinnell agrees in writing to the transfer of the Agreement. 10.Taxes,Fees,Fines,Licenses,and Permits.(a)Subscriber agrees to pay all sales tax,use tax,property tax,utility tax and other taxes required in connection with the equipment and services listed,including telephone company line charges,if any.SimplexGrinnell shall have the right,at any time,to pass along to Subscriber any increases in the monthly charges which hereafter may be imposed on SimplexGrinnell by utility or government agencies relating to the service(s)provided under the terms of this Agreement,and Subscriber hereby agrees to pay the same. (b)Subscriber agrees to assume all responsibility for any false alarms or signals given by the protective equipment.Subscriber will indemnify, pay and defend SimplexGrinnell and its authorized contractors and hold each of them harmless from and against any responsibility or liability for payment of associated fines,penalties or other costs.(c)Subscriber shall comply with all laws and regulations relating to the equipment and its use and shall promptly pay when due all sales,use,property,excise and other taxes and all license and registration fees now or hereafter imposed by any government body or agency upon the equipment or its use.If Subscriber fails to maintain any required licenses or permits,SimplexGrinnell shall not be responsible for performing the services and may terminate the services with notice to Subscriber. 11.Increase in Service Charges.SimplexGrinnell shall have the right to increase the Service Charges provided for herein by giving Subscriber thirty(30)days written notice in advance of the effective date of such increase.Charges for time and materials sery-ices are based upon SimplexGrinnell's service rates in effect at the time of the service,and are subject to change without notice. 12.Delay or Interruptions.SimplexGrinnell assumes no liability for delay in the installation of the System or for interruption of monitoring services due to strikes,riots,floods,storms,earthquakes,fire,power failures,insurrections,interruption of availability of telephone,cable, cellular,satellite,or radio service or service through any other medium,malfunction or unavailability of the system related to date handling problems,irrespective of cause,acts of God,or for any other cause beyond the control of SimplexGrinnell,and will not be required to provide installation or other services to Subscriber while interruption of service due to any such cause may continue.SimplexGrinnell assumes no liability for delay of installation or services due to non-cooperation of the Subscriber or his agents in providing access to that area of installation or service on any device or devices of the Subscriber or of others to which SimplexGrinnell's equipment is attached. 13.Outside Charges.Subscriber understands and accepts that SimplexGrinnell specifically denies any responsibility for charges associated with the notification or dispatching of anyone,including,but not limited to,fire department,police department,paramedics,doctors,or any other emergency personnel,and if there are any charges incurred as a result of said notification or dispatch,said charges shall be the responsibility of Subscriber,whether requested or not and whether such entities were correctly or incorrectly notified by SimplexGrinnell,its agents,or subcontractors. 14.Default/Termination.In the event Subscriber fails to pay any amount,Subscriber abuses the equipment or the use of the monitoring facility,Subscriber fails to comply with any of the terms and conditions hereof,Subscriber makes an assignment for the benefit of creditors,an order for relief is entered against Subscriber under any chapter of the National Bankruptcy Code,as amended,a receiver or trustee is appointed for all,or substantially all,the assets of Subscriber,or there is a dissolution or termination of existence of Subscriber,or if Subscriber is in default under this Agreement and such default continues for ten(10)days after SimplexGrinnell gives Subscriber written notice of such default,in addition to any other remedies provided by law,SimplexGrinnell may pursue any one or more of the following remedies,which are cumulative and nonexclusive:(a)Terminate all services subscribed for hereunder by giving ten(10)days written notice to Subscriber,without terminating this Agreement,and recover all amounts due to SimplexGrinnell;(b)Take possession of all SimplexGrinnell owned equipment wherever situated and for such purpose enter upon Subscriber's property without liability for so doing;(c)By notice to Subscriber,declare immediately due and payable all moneys to be paid by Subscriber during the Primary Term or,if the Primary Term has then expired,declare immediately due and payable all moneys to be paid during any Renewal Term then in effect,and Subscriber shall thereupon be obligated to pay such moneys to SimplexGrinnell immediately.Subscriber shall in any event remain fully liable for reasonable damages as provided by law and for all costs and expenses incurred by SimplexGrinnell on account of such default including all court costs and reasonable attorneys'fees.The waiver by SimplexGrinnell of a breach of any obligation of Subscriber shall not be deemed a waiver of such obligation or any subsequent breach of the same or any other obligation.The subsequent acceptance of payment hereunder by SimplexGrinnell shall not be deemed a waiver of any prior existing breach,regardless of SimplexGrinnell's knowledge of such prior existing breach at the time of acceptance of such payments. 15.One Year Limitation on Actions.It is agreed that no suit or cause of action shall be brought against SimplexGrinnell more than one(1)year after the accrual of the cause of action therefor. Page 1285 of 1675 16.Waiver of Subrogation.Subscriber does hereby for itself and all other parties claiming under it release and discharge SimplexGrinnell frorr and against all hazards covered by Subscriber's insurance,it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against SimplexGrinnell. 17.Entire Agreement;Modification;Waiver.This writing is intended by the parties as a final expression of their Agreement and as a complete and exclusive statement of the terms thereof.This Agreement supersedes all prior representations,understandings or agreements of the parties,written or oral,and shall constitute the sole terms and conditions of sale for all equipment and services.This Agreement can be modified only in writing,signed by the parties or their duly authorized representatives.No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. 18.Choice of Law;Venue.The laws of the Commonwealth of Massachusetts shall govern the validity,enforceability and interpretation of the Agreement.It is agreed that any suit or action initiated as a result of this Agreement or in any way arising out of this Agreement or the Monitoring Services to be provided under this Agreement shall be brought in a court of competent jurisdiction within the Commonwealth of Massachusetts. Page 1286 of 1675 Effective 10/2016 SPRINKLER Sprinkler service rate (non Union) $113 Sprinkler service rate (Union)—not to exceed 1$133 SUPPRESSION AND EXTINGUISHER Suppression and extinguisher service rate $101 ALARM& DETECTION Software-based systems service rate $133 Hard-wired system systems rate $133 Hard-wired system systems rate (non-SimplexGrinnell) $133 All Labor Subiect to the Following: • Overtime Multiplier 1.50 • Doubletime Multiplier 2.0 Time Classification Start Time End Time Hourly Rate Modifier Standard time M-F 8:00 AM 5:00 PM N/A Standard after hrs M-F 5:01 PM 7:59 AM 1.5 x Saturday 8:00 AM 12:00 AM (Midnight) 1.5 x Sundays and Holidays 12:01 AM 12:00 AM (Midnight) 2 x • Minimum Charge for an Emergency and a Priority Call Is 3 Hours • Maximum Travel Charge Is 4 Hours • No Truck or Fuel Charges Permitted Page 1287 of 1675 ='RepicN 'tlisiriaf -di .ifNadiEdfd'4Laefli[3atrail Nur9.e Bali s,Bptifikled,SaaaYe�3ian, G-atL-, 321Detroit D $217.00 $217.00 $180.00 $14100 Great Lakes 185 Great Lake,HQ o S217.00 S217.00 $180.0 $141.00 G-atL-, 327 G-ndRapid, c $208.00 $208.00 $122.00 $133.00 Great Lakes ase N,ft-,lnd,- e $198.00 $198.00 $127.00 $12.00 G-atL-, Gia anemnafi c $208.00 $208.00 $13s.m $133.00 Great Lakes 515 Cleveland P S219.00 S219.o0 $141.00 $141.00 G-atLake, 175 Cl-ll-1,tl we3mre P $219.00 $219.00 $141.00 $141.00 Great Lakes 1Fe Cleveland mtl coastal-we3mre P S219.00 S219.o0 $141.00 $141.00 G-atL-, we R b,,gh o $244.00 $244.00 $141.00 $141.00 G,-Lake, sea Cowmb„ o $219.0 S219.o0 $143.00 $141.00 G-at-- sea Y,l- D $219.00 $219.00 $143.00 $141.00 Midwest 320 De,Moine, c S208.00 S208.o0 513s.00 $133.00 Ml-It 331 mdianapou, c $208.00 $208.00 $13s.m $133.00 Midwest 332 Kansas at, c S208.00 S208.o0 $137.m5133.00 M,d-,t 333 Spdngtleld c 5208.00 5208.00 $13s.00 $133.00 Midwest 354 St Low, E S226.00 S226.00 51s9.00 51s8.00 M,d-,t 362 Omaha e $198.00 $198.00 $12.00 $12.00 Midwest 375 Peoria c $208.0 $208.0 $138.0 $133.00 M,d-,t 472 -hit B $198.0 $198.0 5127.0 $126.00 Norm Central 311 Ch-go E 5226.00 5226.00 51s9.00 51s8.00 Norch central aaa Matlison c $28.0 $2 8.0 $13s.00 $133.00 Norch central 1 33e Milwaukee W $196.00 $196.00 $140.0 $133.00 Norch central 337 Minneapolis D $219.00 $219.00 $148.0 $141.0 Norch central 381 Green Bay c 5208.08 $208.0 $13s.m $133.00 Norch central 385 Fargo c $28.0 $208.00 $13s.m $133.00 Empire&K,y- 101 Albany Q $197.0 $19.0 $131.0 $129.0 Empire&Key4one 102 Newburgh E $226.0 $226.00 $122.00 5168.00 Empire&Keystone 104 Endicott c $208.0 $208.0 $136.0 $133.0 Empire&Key4one 111 B,ttalo c $28.0 $208.00 $13s.m $133.0 Empire&Keystone 153 Rochester c $208.0 $208.0 $13s.m $133.0 Empire&Key4one 162 Sy-ase c $28.0 $208.00 $13s.m $133.0 Empire&Keystone 528 Ham,b,rg c $208.0 $208.0 $13s.m $133.0 Empire&Key4one 551 All-,- c $208.00 $2 8.0 $136.88 $133.0 Metro NYC 119 Long hand o $219.0 $219.0 $196.0 $144.0 MetroNYC 143 Ne YorkOtt, D $219.0 $219.0 $198.0 $141.0 Metro NYC 140 lsPl-Newvorkot, o $219.0 $219.0 $198.0 $141.0 MetroNYC Gia NorchJersey D $219.0 $219.0 51s9.0 51s9.0 Mid Atlantic sad Philadelphia s $219.0 $219.0 $19.0 $133.0 Mid Atlantic 557 WI-g- D 5187.0 5187.0 $143.0 $141.0 Mid Atlantic set Fede-1 Sol,0on, o $219.0 $219.0 $143.0 $141.0 Mid Atlantic sea No.Virginia D $219.88 $219.88 $143.0 $141.0 Mid Atlantic 565 Baltimore E $226.0 $226.0 51s9.0 51s8.0 New England 106 B,dingmn v 5179.0 5179.0 5164.0 5162.00 New England 108 Boston l 5226.00 $226.00 $230.0 $228.00 N-England 114 Nashua J $219.0 $219.0 5187.0 5186.0 New England 1 12e IHa-d N 5211.08 $211.0 $163.88 5ls2.gg New England 147 Portland B $198.0 $198.00.00 519.0 5126.0 New England 149 P-vitlence o $219.0 $21951ss.0 $141.0 New England 161 Springfield D $211.0 $211.0 $163.88 5ls2.gg New England 1ee --R, a 5226.00 5226.00 5172.00 $90.0 Atlant-- 203 Boum Georgia D $149.0 5149.gg $122.00 $122.00 Atlanoc coast 209 Kngsporc c 5178.0 $98.0 $112.00 $112.00 At-,Coati 210 Chariest, c $28.0 $208.00 $13s.m $133.0 Atlanoc coast 213 Greenville c $208.0 $208.0 $13s.m $133.0 At-,Coati 216 Columbia c $28.0 $208.00 $13s.m $133.0 Atlanoc coast 217 MyMe Beach B $198.0 $198.0 5127.0 $126.0 At-,Coati 250 Raleigh c $28.0 $208.00 $13s.m $133.0 Atlanoc coast 1 252 Richmond o 5219.08 $219.0 $143.0 $141.0 At-,Coati leo C-1- C $28.0 $28.0 $136.00 5133.00 At-,coon Zee --b- c 5r_o8.o0 5r_o8.o0 $13s.2o 51os.00 At-,Coati Zea Roanoke B $198.0 $198.0 5127.0 $126.0 Atlanoc coon 295 Norcolk c $208.0 $208.0 $13s.m $133.0 At-,Coati Zea Hickory C $28.0 $28.0 $136.88 $133.0 Atlanoc coon 299 Ashville c 5178.0 $98.0 $112.00 $112.00 GulfCoan los 3,-gham c $28.0 $208.00 $13s.m $133.0 Gulf coati 20e Montgomery c $208.0 $208.0 $13s.m $133.0 GulfCoan 222 Mobile c $28.0 $208.00 $13s.m $133.0 Gulf coati 262 wPalm Beach c $208.0 $208.0 $13s.m $133.0 Gulf coon 263 Miami D $219.88 $219.88 $143.0 $141.0 Gulf coati 264 J-111,i11e c 5208.08 $208.00 $136.88 $133.0 GulfCoan2ee Tallahassee D 5172.00 $92.00 $133.0 $133.0 Gulf coon 2ee New Odle- c 5208.0 52.08.00 $13s.m $133.0 GulfCoan 287 Shreveport c $28.0 $208.00 $13s.m $133.0 Gulf coon 291 Orlando D $193.0 $193.0 $128.0 $128.0 GulfCoan 292 Tampa D $28.0 $208.00 $133.0 $133.0 Gulf coon 294 Jad:mn c $208.0 $208.0 $13s.m $133.0 GulfCoan 2e7 FtMyers c $193.0 $193.0 $128.0 $128.0 Boum 201 Certified Fire D $193.0 $193.0 $129.0 $122.00 Boum 202 Atlanta D $193.00 $193.0 $129.0 $122.00 Boum 207 H,nt-lle B $198.00 $198.00 9ID8.0 9ID8.0 Boum 232 Le;,ngt,n C $208.00 5268.0 $136.0 $133.0 scum 233 Louisville c $208.00 $208.00 $13s.0 $133.0 Boum las Memphis c $208.0 $208.0 $13s.0 $133.0 scum 270 Lime Rod: c $208.00 $208.00 $13s.0 $133.0 S-h 2ee Chattanooga B $198.00 $198.00 $108.0 $108.00 S-h 2ee N3,hviue c $208.0 $208.0 $108.00 $133.0 Boum leo Knoxville c 518]0 $187.00 $116.0 $112.00 scum 324 Evansville c $208.00 $208.00 $13s.0 $133.0 Boum 512 Charleston c $208.0 $208.0 $13s.0 $133.0 Teras&Oklahoma 404 Lubbock D $219.00 $219.00 $143.0 $141.0 Teras&Oklahoma 405 FbrcWorch D $219.0 $219.0 $143.0 $141.0 Teras&Oklahoma 407 Dallas o $219.00 $219.00 $143.0 $141.00 Teras&Oklahoma 477 D3113, es1,, D $219.0 $219.0 $143.0 $141.0 Teras&Oklahoma 430 IHouston o 5219.00 $219.00 $143.0 $141.0 Teras&Oklahoma 441 Tulsa c 528.00 $208.0 $13s.0 $133.00 Teras&Oklahoma 442 Oklahoma cit, c $208.00 $208.00 $13s.0 $133.0 Teras&Oklahoma 492 sanAnmnio D $219.0 $219.0 $143.0 $141.0 Teras&Oklahoma 493 Cory,,Chrini c $208.00 $208.00 $13s.0 $133.00 Tera,&Oklahoma 494 Austin D $219.0 $219.0 $143.0 $141.0 Norchwen 412 S-3 Rosa E $226.00 $226.00 51s9.0 51s8.0 N,rchwen 415 F-bank,AK E 51s9.0 51s9.0 $169.0 $144.0 N,lhwen 417 Gan F-ndsco H $236.00 $236.00 5178.0 5176.0 N,lhwen 411 Gan F-ndsco shell H $236.0 $236.0 5178.0 5176.0 N,rchwen 444 Boise A $137.00 $137.00 $117.00 $133.0 N,rchwen 448 P,mand,oR E $226.0 $226.0 51s9.00 51s8.00 Norchwen 449 Anchoage,AK E 51s9.0 51s9.0 51s9.0 $144.0 N,rchwen454 Ren, c $199.0 $199.0 $141.0 $133.00 N,rchwen 455 Sac-menet D $219.00 $219.00 $143.0 5141.0 N,rchwen 458 Seattle H 5210.00 5210.00 51]8.0 5176.0 N,lhwen 478 seame-Wenfi- H $210.00 $210.00 5178.0 5176.0 N,rchwen 463 J,n, E 51s9.0 51s9.0 $169.0 $144.0 N,lhwen 47e Spokane c $208.00 $208.00 $13s.0 $133.0 N,rchwen 483 Helena D $219.00 $219.00 $143.0 $141.0 S,,mem Calitmia 413 Fresno G $219.00 $219.00 $160.0 $148.0 S,,mem Calitmia 434 -Angeles H $228.0 $228.0 5178.0 5176.0 Sou me2 Calitmia 445 L-,Vega, M 5236.00 5236.0 $1]8.0 $1]6.0 Sb,hem caummia 436 mlandEmpire E $226.0 $226.0 $169.0 51s8.0 So,mem Calitmia 437 vent- G $236.00 $236.00 5178.0 $148.0 S,,mem Calitmia 43o sanoieg, H $236.0 $236.0 5178.0 5176.0 Southern caummia 4ee H,n,lw, K $220.00 $220.00 $90.00 $169.0 S-h-t 419 Denver F 5174.0 5174.0 $131.0 $141.0 S-h-t 474 Denver-we-, F 5174.0 5174.0 $131.0 $141.0 S-h-t 421 Colo-do spring, T 5174.0 5174.0 $131.0 $142.00 Southwest 445 Phoenix R $187.00 $187.00 $118.0 5173.0 S-h-t 475 Ph,enix-wenfire R $187.00 $187.00 $118.0 5173.0 S-h-t 446 Tucson B 5147.0 5147.0 $108.0 $126.0 S-h-t 456 SaltLakeOt, D $198.0 $198.0 $160.0 $148.0 Souh- 47e Gott Lakeoty-wenfi,e o $198.0 $198.0 $160.0 $148.0 Southwest 4e7 Am,g,ery,e C 5160.0 5160.0 $117.00 $133.0 Page 1288 of 1675 NJPA Extinguisher/Emergency Light Pricing Item Description Price New Extinguishers EX1010 10 LB. ABC dry chemical fire extin uisher $77.24 EX1020 20 LB. ABC dry chemical fire extinguisher $124.74 EX1050 5 LB. ABC dry chemical fire extinguisher $59.86 EX1110 10 LB. CO2 fire extinguisher $211.68 EX1115 15 LB. CO2 fire extinguisher $238.14 EX1150 5 LB. CO2 fire extinguisher $137.34 EX1210 10 LB. FE36 Clean-Guard fire extinguisher $418.00 EX1214 13 LB. FE36 Clean-Guard fire extinguisher $630.00 EX1250 5 LB. FE36 Clean-Guard fire extinguisher $208.00 EX1425 2'/2 GAL. Pressurized water fire extinguisher $120.00 EX1560 6L K-Class fire extinguisher $210.00 Extinguisher Recharges EX3010 RECHARGE 10 LB. D/C EXT $21.00 EX3020 RECHARGE 20 LB. D/C EXT $31.00 EX3021 RECHARGE 5 LB. CO2 EXT $11.70 EX3025 RECHARGE 2'/2 LB. D/C EXT $9.36 EX3050 RECHARGE 5 LB. D/C EXT $13.68 EX3060 RECHARGE K CLASS EXT $75.00 EX3110 RECHARGE 10 LB. CO2 EXT $15.12 EX3115 RECHARGE 15 LB. CO2 EXT $16.56 EX3120 RECHARGE 20 LB. CO2 EXT $22.32 EX3200 RECHARGE PRESSURIZED WATER EXT $11.00 Extinguisher Maintenance EX2060 SIX YEAR MAINTENANCE $6.00 EX2080 HYDROTEST CO2 UP TO 20 LB EXT $17.71 EX2084 HYDROTEST STORED PRESSURE TYPE EXT $14.00 EX2089 HYDROTEST WATER TYPE EXT $14.00 Extinguisher Parts EX4001 LOCKING PIN $2.25 EX4002 VERIFICATION COLLAR $3.16 EX4004 TAMPER INDICATING DEVICE $1.25 EX4005 VALVE STEM $11.44 EX4100 VALVE RETAINER SEAL O-RING $4.95 EX4200 GAUGE $11.50 EX4412 CO2 SAFETY RELEASE DEVICE $15.00 EX5002 DECAL INSTRUCTIONAL $1.75 EX5003 DECAL OSHA/HAZMAT/DOT $1.75 EX5100 SIGN- FIRE EXT SELF-ADHESIVE $3.95 EX5102 SIGN FIRE EXT STANDOUT $16.98 EX5200 HANGER-FIRE EXT ALL MODELS $5.50 EX5503 BRACKET ECONOMY $19.50 EX5504 BRACKET HEAVY DUTY $45.00 EX2017 HAZARDOUS MATERIAL HANDLING FEE $25.00 Emergency Lights EE6101 4V 4.6AH BATTERY $50.00 EE6102 4V 10AH BATTERY $50.00 EE6103 6V 4AH BATTERY $50.00 EE6104 6V 7AH BATTERY $61.00 EE6105 6V 8AH BATTERY $55.00 EE6106 6V 10AH BATTERY $50.00 EE6107 6V 20AH BATTERY $121.00 EE6108 6V 36AH BATTERY $145.00 EE6109 12V 32AH BATTERY $165.00 EE6110 12V 55AH BATTERY $195.00 EE6201 AC BULB $9.45 EE6202 DC BULB $6.30 EE6203 ISEALED BEAM BULB $22.50 EE6204 I FLUORESCENT BULB $12.95 EE6205 LED BULB $35.00 Page 1289 of 1675 tqCD National Joint Powers Alliance#031517-SGL JPA'AWARDED Effective Date: CONTRACT Customer Name: Location Name: Location Address: Contact Name: Contact Phone: Contact Email: Sales Representative: Branch: COVERED EQUIPMENT: NON-RECCURING SERVICES Quantity: Frequency: Monitoring Setup and Installation One-Time One-time configuration and connection charge 0 Monitoring equipment and installation includes digital communicator and programming 0 Fire Damper and Doors Smoke/Fire Damper Inspections 0 Fire Door Inspections 0 Rolling Fire Doors Inspections 0 Actuators 0 Smoke/Fire Damper Minimum Fee To be used if the total of fire dampers and doors does not equal($2,185.00). If the minimums are not met,line item quantities should be removed and just select yes on line 43. No Smoke/Fire Damper Inspections(Pricing for AK,HI) 0 Fire Door Inspections(Pricing for AK,HI) 0 Rolling Fire Doors Inspections(/Pricing for AK,HI) 0 Actuators(Pricing for AK,HI) 0 Smoke/Fire Damper Minimum Fee To be used if the total of fire dampers and doors does not equal($5,175.00). If the minimums are not met,line item quantities should be removed and just select yes on line 48.(pricing for AK,HI) No $0.00 One-Time Cost $0.00 Sprinkler System (5 Year Inspect) Quantity: Inspect Month: FDC 5-Year Certification Test-(1)Riser&(1)FDC 0 5 Year Obstruction/Investigaction-Risers 0 Lift rental(enter number of days) 0 Obstruction/Investigation-In the State of California No $0.00 5 Year Cost $0.00 Additional Tech Time 0 Sprinkler 0 $0.00 Customer Training Center 5 Day Security System Administrator Training(PID:9500-0057) 0 3 Day Service And Maintenance Training(PID:9500-0058) 0 2 Day Integrated System Upgrade Training(PID:9500-0059) 0 4 Day Integrated Security System Admin Training(PID:9500-0129) 0 2 Day ID Badge Training(PID:9500-0127) 0 2 Day ID Badge Training(PID:9500-0144) 0 2 Day Integrated Graphical Maps Training(PID:9500-0141) 0 2 Day Integrated CCTV Control Training(PID:9500-0128) 0 4 Hours Of Integrated System Training(PID:9500-0145) 0 1 Day Integrated Security System Pre-Delivery Svcs(PID:9500-0146) 0 4 Hour Integrated Security System Programming(PID:9500-0147) 0 6 Day Enhanced Security Training(PID:9500-0148) 0 Training Guide(PID:3700-9315) 0 Reduction Training Total Cost $0.00 Insert addt'I services Customer Signature: Date: Total non-recurring cost $0.00 Page 1290 of 1675 NJPA Premier Communication Standards EMERGENCY CALL: System/unit is not operational and backup system/unit is not available.Life safety and property protection is non-existent or property assets are in imminent danger of significant damage. • Technician will be dispatched within 3 hours,unless a different time frame is required by applicable law PRIORITY CALL System/unit is operational and maintenance or service work is required to maintain system/unit integrity. • Technician will be on site within 24 hours THREE DAY SERVICE CALL System/unit is operational;general repair is required. •Technician will be on site within three(3)business days SCHEDULED CALL System/unit is operational;planned appointment for inspection,maintenance,and/or service work. • Technician will be on site within fourteen(14)calendar days ALL SERVICE RATES WILL BE BILLED ACCORDING TO NJPA PREFERRED HOURLY SERVICE RATES Minimum charge for an Emergency and a Priority Call is 3 hours Maximum travel charge is 4 hours Overtime fees prevail before 7:OOAM or after 4:30 PM and double time fees prevail on weekends and holidays Page 1291 of 1675 i#" Sywo l 6-18461 Pa;eaoM VdfN m w o 0 0 � r� Ip4o lsnutiif#IdCN o I � uol;dadsut G Pue;s al016116ua15�eLU3 sy}Uow u6l4o4dsUl s4y61-1 Xouatijautg stl;uoW uol4a4dsul molgoes 6uan6ai,j u6padsul moljl3el3 uoloadsul PUB}say nnolgae a a sy Uollq U0,1434dsul-JALtPds o o 1CBuan6a3d uo113adsul 16l>ru0d§ a a m m In (fl uol4badsu)pue;sal..B14U�ft N 0) N m a m o N 4 4 m #;uoay 6uuo41lao14 u"iv aji:i; o o o O 2 2 a a 0 o uo u u u W W W W W W 6ulao1 uowalaelvo4 sy;uolAl uol;batlsul wielli aj13 �iauanbaid a s a a a a a UOO; adsUl u1�elV{WiA .- . V shed $u6l4a4lsul Wiely aj1A .:... ... ... ... ... ... ... m m m m m m m a a a a a a a m m m m m m m s m m m m m m m a a u u u u a u } m m m m m m m z z z z z z z r. } 0 0 0 0 0 0 0 ai` m m m m m m m LO 0 M N N m (6 a National Joint Powers Alliance Cooperative ,�,�rTT Q�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i CONTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach City Chambers NJPA Region Code# Street Address: 100 E Boynton Beach Blvd AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-September 30,2018 $202.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept MVS Fire Panel(s) 1 Pull Stations 3 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 3 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 3 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 0 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$845.00 Annual Cost $192.00 Monitoring Quantity: MONITORING: Single building fire alarm service 0 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Multi building applications(same dialer)(each building) 0 Monitoring Terms and Conditions applicable with this contract. Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 $0.00 $0.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1294 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 2 $10.00 $0.00 $0.00 Date: Annual Recurring Cost: $202.00 Customer Signature: Page 1295 of 1675 National Joint Powers Alliance Cooperative ,�,�rTT Q�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i CONTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach City Hall NJPA Region Code# Street Address: 100 E Boynton Beach Blvd AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-September 30,2018 $1,297.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Annual Mar,Sept Simplex 4010ES Fire Panel(s) 1 Pull Stations 5 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 75 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 10 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 1 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$1,974.00 Annual Cost $949.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Multi building applications(same dialer)(each building) 0 Monitoring Terms and Conditions applicable with this contract. Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1296 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 30 $60.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,297.00 Customer Signature: Page 1297 of 1675 National Joint Powers Alliance Cooperative ,�,�rTT Q�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i CONTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach City Hall East Wing NJPA Region Code# Street Address: 100 E Boynton Beach Blvd AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-September 30,2018 $1,150.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Simplex 4010 ES Fire Panel(s) 1 Pull Stations 4 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 40 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 7 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 4 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$1,424.00 Annual Cost $838.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Multi building applications(same dialer)(each building) 0 Monitoring Terms and Conditions applicable with this contract. Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1298 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 12 $24.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,150.00 Customer Signature: Page 1299 of 1675 National Joint Powers Alliance Cooperative ,�,�rTT Q�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i CONTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach City Hall West Wing NJPA Region Code# Street Address: 100 E Boynton Beach Blvd AR# City,State,Zip Boynton Beach FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-September 30,2018 $1,146.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Simplex 4010 ES Fire Panel(s) 1 Pull Stations 3 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 16 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 2 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 1 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$470.00 Annual Cost $834.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Multi building applications(same dialer)(each building) 0 Monitoring Terms and Conditions applicable with this contract. Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1300 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 12 $24.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,146.00 Customer Signature: Page 1301 of 1675 National Joint Powers Alliance Cooperative ,�,�rTT Q�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i CONTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Fire Station 1 NJPA Region Code# Street Address: 100 E Boynton Beach Blvd AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-September 30,2018 $1,146.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Simplex 4010 Fire Panel(s) 1 Pull Stations 3 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 20 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 7 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 10 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$1,183.00 Annual Cost $826.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Multi building applications(same dialer)(each building) 0 Monitoring Terms and Conditions applicable with this contract. Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1302 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 16 $32.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,146.00 Customer Signature: Page 1303 of 1675 National Joint Powers Alliance Cooperativei AWARDED Program #031517-SGL Jh CONTRACT NJPA Customer: City of Boynton Beach CCA Use Only:f: Site Name: Boynton Beach Parking Garage NJPA Region Code# Street Address: 100 E Boynton Beach Blvd AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill.to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date s Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End DateJanuary 1,2018-S 1 11eptember 30,2018 $1,081.00 1 MINI UMRUVE-X�-ME Fire Alarm(Test&Inspect) Quantity: r Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Simplex 4010ES Fire Panel(s) 1 Pull Stations 4 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 0 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 0 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 0 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$570.00 Annual Cost $232.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Mar,June Sept(no 4th due to Wet Risers 1 Quarterly cancellation date) Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No -$83.00 Annual Wet Sprinkler Cost $551.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 $0.00 Annual Pre-Action Cost $0.00 $0.00 Page 1304 of 1675 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 3501bs 0 Clean Agent System additional cylinder greater than 3501bs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 Audio/Visual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive'" Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 2417 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 5 $10.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,081.00 Customer Signature: Page 1305 of 1675 National Joint Powers Alliance Cooperativei AWARDED Program #031517-SGL Jh CONTRACT NJPA Customer: City of Boynton Beach CCA Use Only:f: Site Name: Boynton Beach Police Station NJPA Region Code# Street Address: 100 E Boynton Beach Blvd AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill.to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date s Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End DateJanuary 1,2018-S 1 11eptember 30,2018 $2,054.00 1 MINI UMRUVE-X�-ME Fire Alarm(Test&Inspect) Quantity: r Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Simplex 4010 ES Fire Panel(s) 1 Pull Stations 5 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 80 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 10 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 4 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$2,217.00 Annual Cost $1,137.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Mar,June Sept(no 4th due to Wet Risers 1 Quarterly cancellation date) Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Quarterly Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No -$83.00 Annual Wet Sprinkler Cost $551.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 $0.00 Annual Pre-Action Cost $0.00 $0.00 Page 1306 of 1675 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 3501bs 0 Clean Agent System additional cylinder greater than 3501bs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 Audio/Visual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive'" Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 2417 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 39 $78.00 $0.00 $0.00 Date: Annual Recurring Cost: $2,054.00 Customer Signature: Page 1307 of 1675 Monitoring Service Agreement Terms and Conditions Instructions and Explanation List SUBSCRIBER'S NAME: The Subscriber's legal name. If a business, this would be the name as indicated on the business license. Also include name of the building or premise if the Subscriber is a commercial property manager. MONITORING ACCOUNT# The account number(location address code) given to you by the Monitoring Center. ADDRESS: This must be the street address of the monitored premises, along with any additional address information such as Suite or Building#. Post office boxes cannot be allowed for obvious reasons. If a separate address or P.O. Box is used for billing purposes, please provide where indicated. CITY: City,Township, etc. where the Subscriber is located. STATE: State in which Subscriber is located. ZIP: Zip code in which Subscriber is located. ALARM PERMIT# Required by some Police Departments before they will respond to alarm activations. Usually there is a 4 to 6 week grace period to obtain Alarm Permit, after which time the police will no longer respond until a valid permit for the customer premise is obtained. Check the laws as they pertain to your area. For more information, contact your authority having jurisdiction. CUSTOMER NUMBER/SEQUENCE: The eight digit number assigned to this customer in the SimplexGrinnell billing system, along with the four digit Sequence Number which identifies the monitoring unit created for this account. PREMISE TELEPHONE# Subscriber's phone number. Used to verify alarm signals and to contact subscriber in the event of alarm malfunction. PREMISE FAX# Subscriber's fax number, if appropriate. CROSS STREET: Authority having jurisdiction often asks for the nearest cross street in order to expedite dispatching of emergency response personnel. BILLING ADDRESS: Subscriber billing address if it is different from the premise address. CONTACT/CALL LIST(RESPONSIBLE PARTIES) KEY: Check box if responsible party has keys to Subscriber's premises and is able to disarm alarm system. At least two of the responsible parties should have keys to the premises. NAME: Page 1308 of 1675 Responsible parties' names in the order in which they are to be called. Names listed should be persons who can shut off the alarm system and if necessary respond to the premises when notified of an alarm activation by the Monitoring Center. PHONE# Phone number at which the responsible party can be contacted by the Monitoring Center.This is presumed to be a residence phone PASS CODE/ABORT CODE: This can be a number, word, or combination of letters and numbers. It is a secret code selected by the Subscriber to confirm that the user is authorized to access account information, place the system on test and verify false alarms. All security alarm monitoring accounts must have a Pass Code; Pass Codes on fire alarm monitoring accounts are recommended but not required. On fire alarm accounts,the monitoring account number will function as the Pass Code if one is not selected by the Subscriber. EMERGENCY CALL LIST: List telephone number, including area code, of correct local emergency dispatch authority/agency (Police, Fire Department, 911, etc.). Be sure to verify that the Subscriber is located within the jurisdiction of the agency given.The number should be the 24-hour emergency dispatch number, not the administrative office. COMMUNICATOR: Manufacturer's name and type of dialer (DACT) used. MODEL# Model number of dialer (DACT) used. INTRUSION PANEL MODEL # Example: 3001, 3007, etc. FORMAT REPORTING: Check appropriate box or write in specific type of communications format to be used by the dialer (DACT). TIME ZONE: EST, CST, MST, PST. AUTOMATIC TEST TIMER INTERVAL: The interval between Automatic Timer tests, i.e. 24 hours (Daily), Weekly, Monthly or None. OPENING AND CLOSING SIGNALS: On security alarm systems only, dialers can be programmed to send a signal to the Monitoring Center each time the system is disarmed (opening signal) or armed (closing signal). OPEN/CLOSE - LOG ONLY: All opening and closing signals received by the Monitoring Center are logged in the account's activity history, but no action is taken by an operator. OPEN/CLOSE -SUPERVISED: The monitoring center will call on any opening or closing signals which are received outside of the scheduled "window" for the account. WINDOW: Page 1309 of 1675 If the Subscriber's business will be reporting Open/Close signals from a security alarm system which are to be supervised by the monitoring center, the default time set for the "window" is 60 minutes. The window works as follows: If a business is scheduled to open at 0800 and has a 60 minute window, the business will receive a call from the monitoring center for an Early Open if the system is disarmed prior to 0700. If the business does not open by 0900, the Monitoring Center will call on a No Open received. If the business is scheduled to close at 1700, but remains open (alarm system is not armed) past 1800, the Monitoring Center will call on the No Close Received. ACTIVITY REPORTS: Computer generated reports of all account activity, including Open/Close signals if applicable, which are to be sent periodically to the customer. Specify whether reports are to be sent monthly, weekly, or on some other basis. ZONE: Zones transmitted by the alarm system dialer to the Monitoring Center, i.e. 1, 2, 3, 31, 32, etc., depending on the electronic communications format used. It is necessary to list all zone information to be used by the dialer. PROTECTED AREA: Description of area the alarm zone would cover, i.e. Front Door, Warehouse, etc. on a security alarm. Please note that although you may have the resolution code list, be sure to always include the description of that zone in order to assure accuracy. AUD/SIL/VFY/ DISP: Check appropriate box. AUD =Audible Alarm; SIL=Silent Alarm;VFY=Verify; DISP= Dispatch ALARM TYPE: Fire, duress, burglary, etc. SIGNAL: Numeric or alphanumeric code sent by the alarm dialer to the Monitoring Center. Example: 1 or 01, 3 or 03, etc. depending on format. SPECIAL INSTRUCTIONS: Please note as specifically as possible any special instructions on how alarm activations are to be handled by the Monitoring Center if they differ in any way from normal dispatch and notification procedures. Example: "Call customer premise first to verify before dispatching on alarms received during normal business hours." STATE LICENSE# Include SimplexGrinnell State License#on this form, if applicable. Some states require this number to be printed on all correspondence. Check state and local jurisdiction laws or codes as they pertain to your area. DISTRICT CODE: This will normally be the district office listing number. COMPLETED BY: Name of person completing form. DATE: Date form was completed and signed. MAINTENANCE AGREEMENT COVERAGE CODE: Insert technical support response code for contracted response services. ANNUAL MONITORING FEE: Page 1310 of 1675 Write in the dollar amount to be billed to the customer on an annual basis. SUBSCRIBER AUTHORIZED SIGNATURE: This acknowledges Subscriber's agreement to pay the Annual Monitoring Fee, as well as Subscriber's agreement to be bound by the Terms and Conditions set forth by SimplexGrinnell on the reverse side of the Monitoring Service Agreement form. TERMS AND CONDITIONS 1.Introduction.Subscriber has contracted with SimplexGrinnell for monitoring services at the location indicated on the front side of this Agreement. 2.SimplexGrinnell's Duties.Subscriber agrees and acknowledges that SimplexGrinnell's sole and only obligation under this Agreement shall be to monitor signals sent by various media including,but not limited to,telephone lines,cellular devices,satellite technology,and radio telemetry and received by means of a protective system(hereinafter"System")and to respond thereto by notifying the party(or parties) identified by Subscriber.Upon receipt of a protective system signal,SimplexGrinnell shall WITHOUT WARRANTY attempt to notify the party (or parties)that has been identified by Subscriber as the proper party to notify under the circumstances encountered. 3.Waiver of Warranty;Exculpatory Clause.Subscriber understands that SimplexGrinnell offers several levels of protection services and that the level described has been chosen by Subscriber after considering and balancing various levels of protection afforded and their related costs.IT IS UNDERSTOOD AND AGREED THAT:SIMPLEXGRINNELL IS PROVIDING A SERVICE DESIGNED TO REDUCE THE RISK OF LOSS;THAT SIMPLEXGRINNELL IS NOT AN INSURER;THAT INSURANCE,IF ANY,SHALL BE OBTAINED BY SUBSCRIBER COVERING PERSONAL INJURY, INCLUDING DEATH,AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE;THE PAYMENTS HEREUNDER ARE BASED SOLELY ON THE VALUE OF THE MONITORING SERVICES AS DESCRIBED HEREIN AND ARE UNRELATED TO THE VALUE OF ANY OF SUBSCRIBER'S PROPERTY,OR THE PROPERTY OF OTHERS LOCATED AT SUBSCRIBER'S LOCATION,THE VALUE OF WHICH IS KNOWN ONLY BY SUBSCRIBER;THAT SIMPLEXGRINNELL IS NOT LIABLE FOR LOSSES CAUSED BY THE MALFUNCTION OR NON-FUNCTION OF THE SYSTEM OR EQUIPMENT OR THE MONITORING,REPAIRING,SIGNAL HANDLING OR DISPATCHING SERVICES EVEN IF DUE TO SIMPLEXGRINNELL'S NEGLIGENCE OR FAILURE TO PERFORM.SIMPLEXGRINNELL MAKES NO GUARANTEE OR WARRANTY,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,THATTHE SERVICES OR EQUIPMENT SUPPLIED WILL AVERT OR PREVENT OCCURRENCES,OR THE CONSEQUENCES THEREFROM,WHICH THE SERVICES OR EQUIPMENT ARE DESIGNED TO DETECT.SIMPLEXGRINNELL MAKES NO WARRANTY OF ANY KIND,EXPRESS OR IMPLIED,THATTHE EQUIPMENT SUPPLIED,OR ANY HARDWARE,SOFTWARE OR NETWORKS USED IN CONNECTION WITH THE SYSTEM SHALL CORRECTLY HANDLE THE PROCESSING OF DATES BEFORE AND AFTER DECEMBER 31,1999,OR THAT THE SERVICES HEREUNDER SHALL ENSURE SUCH CORRECT DATE HANDLING. 4.Third Party Indemnification.Since the parties agree that Subscriber retains the sole responsibility for the life and safety of all persons on its premises,and for protecting against losses to its own property and the property of others located on its premises,Subscriber agrees to indemnify,defend,and hold harmless SimplexGrinnell,its officers,employees,agents,subcontractors,suppliers,or representatives,from and against all claims,lawsuits,and losses,including attorneys'fees,by persons not a party to this Agreement,alleged to be caused by the improper operation of the system,whether due to malfunctioning or nonfunctioning of the system or the negligent performance or nonperformance of the monitoring services or other installation,maintenance,or other services by SimplexGrinnell or its officers,employees, agents,subcontractors,suppliers,or representatives.Additionally,Subscriber agrees to list SimplexGrinnell,its officers,employees,agents, subcontractors,suppliers,and representatives as additional insured on all insurance policies in effect on the premises. Page 1311 of 1675 5.Limitation of Liability;Liquidated Damages.SUBSCRIBER ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES,IF ANY,WHICH MAY PROXIMATELY RESULT FROM FAILURE ON THE PART OF SIMPLEXGRINNELL TO PERFORM ANY OF ITS OBLIGATIONS OR SERVICES HEREIN, INCLUDING,BUT NOT LIMITED TO,MONITORING SERVICES,INSTALLATION OR MAINTENANCE,THE FAILURE OF THE EQUIPMENT(SYSTEM)TO OPERATE PROPERLY, BY ACTIVE OR PASSIVE NEGLIGENCE,OR BY FAILURE TO PERFORM ANY OF THE OBLIGATIONS HEREIN,BECAUSE OF AMONG OTHER THINGS:(A)THE UNCERTAIN AMOUNT OR VALUE OF SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS KEPT AT THE MONITORED LOCATION WHICH MAYBE LOST,STOLEN,DESTROYED, DAMAGED OR OTHERWISE AFFECTED BY OCCURRENCES WHICH THE EQUIPMENT(SYSTEM)AND/OR SERVICES IS DESIGNED TO DETECT;(B)THE UNCERTAINTY OF THE RESPONSE TIME OF ANY POLICE DEPARTMENT,FIRE DEPARTMENT,PARAMEDIC UNIT,PATROL SERVICE OR OTHERS,SHOULD ANY OF THESE PARTIES BE DISPATCHED AS A RESULT OF A SIGNAL BEING RECEIVED OR AN AUDIBLE DEVICE SOUNDING;(C)THE INABILITY TO ASCERTAIN WHAT PORTION,IF ANY,OF ANY LOSS WOULD BE PROXIMATELY CAUSED BY SIMPLEXGRINNELL'S FAILURE TO PERFORM OR BY ITS EQUIPMENT'S FAILURE TO OPERATE;OR(D)THE UNCERTAIN NATURE OF OCCURRENCES WHICH MIGHT CAUSE INJURY OR DEATH TO SUBSCRIBER OR ANY OTHER PERSON.THEREFORE,SUBSCRIBER ACKNOWLEDGES AND AGREES THAT IF ANY LOSS OR LIABILITY IS ALLEGED AGAINST SIMPLEXGRINNELL,IRRESPECTIVE OF CAUSE,INCLUDING,BUT NOT LIMITED TO,WHETHER THE LOSS OR LIABILITY IS CAUSED BY SIMPLEXGRINNELL'S OWN NEGLIGENCE,SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUALTO THE ANNUAL MONITORING FEE OR TWENTY FIVE HUNDRED(2500.00)DOLLARS,WHICHEVER IS LESS.THIS SUM SHALL BE PAID AND RECEIVED AS EITHER(1)LIQUIDATED DAMAGES AND NOT AS A PENALTY,OR(2)AS A LIMITATION OF LIABILITY APPROVED AND AGREED UPON BY THE PARTIES.THE PAYMENT OF THIS AMOUNT SHALL BE SIMPLEXGRINNELL'S SOLE AND EXCLUSIVE LIABILITY.UNDER NO CIRCUMSTANCES SHALL SIMPLEXGRINNELL BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON FOR GENERAL,SPECIAL, INCIDENTAL,OR CONSEQUENTIAL DAMAGES OF ANY NATURE IN EXCESS OF SUCH AMOUNT,INCLUDING,WITHOUT LIMITATION,DAMAGES FOR PERSONAL INJURY OR DAMAGES TO REAL OR PERSONAL PROPERTY,LOSS OF PROPERTY OR REVENUE,COST OF CAPITAL,COSTS OF PURCHASED OR REPLACED GOODS,OTHER ECONOMIC LOSS HOWEVER OCCASIONED,AND WHETHER ALLEGED AS CAUSED BY THE INSTALLATION,REPAIR,DESIGN,SALE,LEASE,OR FAILURE OF THE MONITORING EQUIPMENT OR SERVICE OR THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT OR BREACH OF WARRANTY OR NEGLIGENCE,ACTIVE,PASSIVE,JOINT,SEVERAL OR OTHERWISE,STRICT LIABILITY,TORT,OR OTHERWISE BY SIMPLEXGRINNELL,ITS OFFICERS,EMPLOYEES, AGENTS,SUBCONTRACTORS,SUPPLIERS,OR REPRESENTATIVES.Subscriber agrees to obtain insurance coverage adequate to protect Subscriber's interest in light of the limitation of liability stated in this Agreement.If subscriber wishes SimplexGrinnell to increase the amount of the above limitation of liability or liquidated damages,Subscriber may inquire about obtaining an increase to this amount in exchange for the payment of an additional monthly charge,but such additional monthly charge shall not be construed to mean that SimplexGrinnell is an insurer or to relieve Subscriber of the sole responsibility to obtain and maintain insurance.The foregoing shall survive the termination or expiration of this Agreement.SimplexGrinnell assumes no responsibility for any loss in excess of such amount. 6.Subscriber's Duties.In addition to Subscriber's duty to indemnify,defend,and hold SimplexGrinnell harmless as provided above:(a) Subscriber shall carefully and properly test and set the system immediately prior to the securing of the premises and carefully test the system in a manner prescribed by SimplexGrinnell during the term of this Agreement.Subscriber shall be solely responsible for testing the System for accurate date handling capabilities,and for maintaining such capabilities.Subscriber agrees that it is responsible for any losses or damages due to malfunction,miscommunication,or failure of Subscriber's system to accurately handle,process,or communicate date data.If any defect in operation of the System develops,or in the event of a power failure,interruption of telephone service,or other interruption at Subscriber's premises of signal or data transmission through any media,Subscriber shall notify SimplexGrinnell immediately.If space/interior protection(i.e.,ultrasonic,microwave,infrared,etc.)is part of the System,Subscriber shall walk test the system in the manner recommended by SimplexGrinnell.(b)When any device or protection is used,including,but not limited to,space protection,which may be affected by turbulence of air,occupied airspace change or other disturbance,forced air heaters,air conditioners,horns,bells,animals and any other source of air turbulence or movement which may interfere with the effectiveness of the System during closed periods while the alarm system is on,Subscriber shall notify SimplexGrinnell.(c)Subscriber shall notify SimplexGrinnell regarding any remodeling or other changes to the protected premises that may affect operation of the System.(d)Subscriber shall cooperate with SimplexGrinnell in the installation,operation, and maintenance of the system and agrees to follow all instructions and procedures which may be prescribed for the operation of the System, the rendering of services and the provision of security for the premises.(e)Subscriber shall pay all charges made by any telephone company or other utility for installation,leasing,and service charges of telephone lines connecting Subscriber's premises to SimplexGrinnell.Subscriber acknowledges that alarm signals from Subscriber's premises to SimplexGrinnell are transmitted over Subscriber's telephone service and that in the event the telephone service is out of order,disconnected,placed on"vacation,"or otherwise interrupted,signals from Subscriber's alarm system will not be received by SimplexGrinnell during any such interruption in telephone service and the interruption will not be known to SimplexGrinnell.Subscriber agrees that in the event the equipment or system continuously transmits signals reasonably determined by SimplexGrinnell to be false and/or excessive in number,Subscriber shall be subject to the additional costs and fees incurred by SimplexGrinnell in receiving and/or responding to the excessive signals. 7.Authorized Personnel&Emergency Information.Subscriber agrees to furnish forthwith a written list of the names,addresses and telephone numbers of all persons authorized to enter or remain on Subscriber's premises and/or that should be notified in the event of an alarm.Subscriber agrees to provide all changes,revision and modifications to the above to SimplexGrinnell in writing in a timely manner. Subscriber shall furnish to SimplexGrinnell certain emergency information and shall keep it current by providing SimplexGrinnell with any changes in writing,providing the required identifying information in a timely manner. Page 1312 of 1675 8.Assignees and/or Subcontractors of SimplexGrinnell.SimplexGrinnell shall have the right to assign this Agreement in whole or in part to any other person,firm,or corporation and shall have the further right to subcontract any surveillance,monitoring,maintenance,patrol, emergency response,or other services which it may be required to perform hereunder.Subscriber acknowledges that this Agreement,and particularly those paragraphs relating to SimplexGrinnell's maximum liability and third party indemnification,shall inure to the benefit of and are applicable to any assignees and/or subcontractors of SimplexGrinnell,and that they bind Subscriber with respect to said assignees and/or subcontractors with the same force and effect as they bind Subscriber to SimplexGrinnell. 9.Assignment by Subscriber.Subscriber acknowledges that the sale or transfer of Subscriber's premises shall not relieve Subscriber of duties and obligations under this Agreement unless SimplexGrinnell agrees in writing to the transfer of the Agreement. 10.Taxes,Fees,Fines,Licenses,and Permits.(a)Subscriber agrees to pay all sales tax,use tax,property tax,utility tax and other taxes required in connection with the equipment and services listed,including telephone company line charges,if any.SimplexGrinnell shall have the right,al any time,to pass along to Subscriber any increases in the monthly charges which hereafter may be imposed on SimplexGrinnell by utility or government agencies relating to the service(s)provided under the terms of this Agreement,and Subscriber hereby agrees to pay the same. (b)Subscriber agrees to assume all responsibility for any false alarms or signals given by the protective equipment.Subscriber will indemnify, pay and defend SimplexGrinnell and its authorized contractors and hold each of them harmless from and against any responsibility or liability for payment of associated fines,penalties or other costs.(c)Subscriber shall comply with all laws and regulations relating to the equipment and its use and shall promptly pay when due all sales,use,property,excise and other taxes and all license and registration fees now or hereafter imposed by any government body or agency upon the equipment or its use.If Subscriber fails to maintain any required licenses or permits,SimplexGrinnell shall not be responsible for performing the services and may terminate the services with notice to Subscriber. 11.Increase in Service Charges.SimplexGrinnell shall have the right to increase the Service Charges provided for herein by giving Subscriber thirty(30)days written notice in advance of the effective date of such increase.Charges for time and materials sery-ices are based upon SimplexGrinnell's service rates in effect at the time of the service,and are subject to change without notice. 12.Delay or Interruptions.SimplexGrinnell assumes no liability for delay in the installation of the System or for interruption of monitoring services due to strikes,riots,floods,storms,earthquakes,fire,power failures,insurrections,interruption of availability of telephone,cable, cellular,satellite,or radio service or service through any other medium,malfunction or unavailability of the system related to date handling problems,irrespective of cause,acts of God,or for any other cause beyond the control of SimplexGrinnell,and will not be required to provide installation or other services to Subscriber while interruption of service due to any such cause may continue.SimplexGrinnell assumes no liability for delay of installation or services due to non-cooperation of the Subscriber or his agents in providing access to that area of installation or service on any device or devices of the Subscriber or of others to which SimplexGrinnell's equipment is attached. 13.Outside Charges.Subscriber understands and accepts that SimplexGrinnell specifically denies any responsibility for charges associated with the notification or dispatching of anyone,including,but not limited to,fire department,police department,paramedics,doctors,or any other emergency personnel,and if there are any charges incurred as a result of said notification or dispatch,said charges shall be the responsibility of Subscriber,whether requested or not and whether such entities were correctly or incorrectly notified by SimplexGrinnell,its agents,or subcontractors. 14.Default/Termination.In the event Subscriber fails to pay any amount,Subscriber abuses the equipment or the use of the monitoring facility,Subscriber fails to comply with any of the terms and conditions hereof,Subscriber makes an assignment for the benefit of creditors,ar order for relief is entered against Subscriber under any chapter of the National Bankruptcy Code,as amended,a receiver or trustee is appointed for all,or substantially all,the assets of Subscriber,or there is a dissolution or termination of existence of Subscriber,or if Subscriber is in default under this Agreement and such default continues for ten(10)days after SimplexGrinnell gives Subscriber written notice of such default,in addition to any other remedies provided by law,SimplexGrinnell may pursue any one or more of the following remedies,which are cumulative and nonexclusive:(a)Terminate all services subscribed for hereunder by giving ten(10)days written notice to Subscriber,without terminating this Agreement,and recover all amounts due to SimplexGrinnell;(b)Take possession of all SimplexGrinnell owned equipment wherever situated and for such purpose enter upon Subscriber's property without liability for so doing;(c)By notice to Subscriber,declare immediately due and payable all moneys to be paid by Subscriber during the Primary Term or,if the Primary Term has then expired,declare immediately due and payable all moneys to be paid during any Renewal Term then in effect,and Subscriber shall thereupon be obligated to pay such moneys to SimplexGrinnell immediately.Subscriber shall in any event remain fully liable for reasonable damages as provided by law and for all costs and expenses incurred by SimplexGrinnell on account of such default including all court costs and reasonable attorneys'fees.The waiver by SimplexGrinnell of a breach of any obligation of Subscriber shall not be deemed a waiver of such obligation or any subsequent breach of the same or any other obligation.The subsequent acceptance of payment hereunder by SimplexGrinnell shall not be deemed a waiver of any prior existing breach,regardless of SimplexGrinnell's knowledge of such prior existing breach at the time of acceptance of such payments. 15.One Year Limitation on Actions.It is agreed that no suit or cause of action shall be brought against SimplexGrinnell more than one(1)year after the accrual of the cause of action therefor. Page 1313 of 1675 16.Waiver of Subrogation.Subscriber does hereby for itself and all other parties claiming under it release and discharge SimplexGrinnell from and against all hazards covered by Subscriber's insurance,it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against SimplexGrinnell. 17.Entire Agreement;Modification;Waiver.This writing is intended by the parties as a final expression of their Agreement and as a complete and exclusive statement of the terms thereof.This Agreement supersedes all prior representations,understandings or agreements of the parties,written or oral,and shall constitute the sole terms and conditions of sale for all equipment and services.This Agreement can be modified only in writing,signed by the parties or their duly authorized representatives.No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. 18.Choice of Law;Venue.The laws of the Commonwealth of Massachusetts shall govern the validity,enforceability and interpretation of the Agreement.It is agreed that any suit or action initiated as a result of this Agreement or in any way arising out of this Agreement or the Monitoring Services to be provided under this Agreement shall be brought in a court of competent jurisdiction within the Commonwealth of Massachusetts. Page 1314 of 1675 Effective 10/2016 SPRINKLER Sprinkler service rate (non Union) $113 Sprinkler service rate (Union)—not to exceed 1$133 SUPPRESSION AND EXTINGUISHER Suppression and extinguisher service rate $101 ALARM & DETECTION Software-based systems service rate $133 Hard-wired system systems rate $133 Hard-wired system systems rate (non-SimplexGrinnell) $133 All Labor Subject to the Following: • Overtime Multiplier 1.50 • Doubletime Multiplier 2.0 Time Classification Start Time End Time Hourly Rate Modifier Standard time M-F 8:00 AM 5:00 PM N/A Standard after hrs M-F 5:01 PM 7:59 AM 1.5 x Saturday 8:00 AM 12:00 AM (Midnight) 1.5 x Sundays and Holidays 12:01 AM 12:00 AM (Midnight) 2 x • Minimum Charge for an Emergency and a Priority Call Is 3 Hours • Maximum Travel Charge Is 4 Hours • No Truck or Fuel Charges Permitted Page 1315 of 1675 7..' ,[ otic 014,01cir&ta0eJ4S6f*t ab Y.R'�tts iiofidifiO ,,,aeaisn � rrinwdt' �i�wakt�a;<ra rxs7a eerie��evtdzl L,tJ�r�mcali"3TtLnkrcr.�uFa+�rax GreatLakes 321 Detroit o $21122 $217.22 5182.22 5141.22 Great Lakes 185 Great Lakes HQ G $11- $217M $-m $141D2 GreatLakes 327 GanaRzplas c $2(l- $2()8.M $12122 $133.00 Great Lakes ase N.rthem lntliana B $198 M $118 m $lzzoo $126 M GreatLakes 514 Cmcinnafi c S2()8.22 S2()8.22 $13s.m $133.00 GreatLakes 515 Cl-ll- P $219.00 $219.00 $14- $14- GreatLakes 175 Cl-ll-Intl-Westfire P $219.00 $219.00 $14- $14- GreatLakes - aeyelzna Intl C.a,bl-Westfire P $219.00 $219.00 $14- $14- GreatLakes 546 Pittsburgh G $2- $2- $14- $14- GreatLakes 58a COWmb„ G $219M $219M $143M $14- GreatLakes 5s4 Tol- G $219M $219M $143M $14- Mltlwest ago -Moines c $1D8 M $1D8 M $13s m $133.m Midwest 331 l,N-polls c S2D8.22 S2D8.22 $13SM $133M Midwest aa4 Kansa,aty c $1D8 M $1D8 M $137 M $133.M Midwest 333 Spbngfield c S2()8.22 S2()8.22 $13s.m $133.m Mltlwes[ 354 S[L.uis E $226 M $226 M $1s9D2 $1s8D2 Midwest 362 Omaha B $,98.m $,98.m $129M $126M Mltlwes[ 375 Pe.ria c $1D8 M $1D8 M $138.m $133.m Midwest 472 -hita f3 $,98.m $,98.m $halo $126M North central all Chia 1 E $226 M $226 M $1s9D2 $1s8D2 North central 334 Matlis.n c S2()8.22 S2()8.22 $13s.m $133.m North central 336 Muwzukee W $196.2 $196.2 $142.2 $133M North central aa] Minneapolis G $219.2 $219.2 $148.2 $141.2 North central asi Green Bay c S2()8.22 S2()8.22 $13s.m $133.m North central 385 Fargo c S2()8.22 S2()8.22 $Imm $133.m Empire&Keystone 101 Albany Q $197.2 $197.2 5131.22 $129.2 Empire&Key4one 102 Newburgh E $226.2 $226.2 $halo $1s8D2 Empire&Key4one - Entllmtt c $1D8M $1D8M $136.00 $133.00 Empire&Key4one 111 Buffalo c $2()8.22 $2()8.22 $13s.m $133.00 Empire&Key4one 15a Rochester c $1D8M $1D8M $13s.m $133.00 Empire&Key4one 162 Sy-- c $2()8.22 $2()8.22 $13s.m $133.00 Empire&Key4one 528 Hani,b,rg c $1D8M $1D8M $13s.m $133.00 Empire&Key4one 551 Allentown c $2()8.22 $2()8.22 $13s.m $133.00 MetroNYC 119 L.nglslantl G $219.00 $219.00 $196.00 $146.00 MetroNYC 143 Ne Y.rkaty G 5219.00 $219.00 $198.2 $141.00 Metro NYC 140 lsPl-New 11 Ory G $219.00 $219.00 5198.00 $14- NYC 518 NohhJersey G $219.00 $219.00 $1sg.m $1s9D2 Mla Atlantic 544 Phllzaelphlz s $219.2 $219.2 $167.2 $133.00 Mla Atlantic 557 VMmingt.n G $187.2 $187.2 $143.00 $14- M,d All 141.00MlaAeznee 562 Fetleal Sol,fi.n, G $219.00 $219.00 $143.00 $14- M,,d 141.00Mla Atlantic 564 Nn.Virginia G $219.2 $219.2 $143.00 $14- M,d 141.00Mla Atlantic 565 Baltimore E $226.2 $226.2 $1s9D2 $1s8D2 New Englantl 106 B,bingt,n v $1I9.00 $1I9.00 $1s4D2 $1,122 New Englana los ME l $226.2 $226.00 $232.22 $228.22 NewEnglzna 114 Nashua J $219.00 $219.00 $187.2 $18SM NewEnglzna 129 Hartford N $211.2 $211.2 51s3.00 $lszoo NewEnglzna 147 Porclzna B $,98.00 $,98.00 $127.2 $126.2 NewEnglzna 149 Pmvitlence o $219.00 $219.00 $1ssD2 $141.00 NewEnglzna 161 sprmgfiela G $211.2 $211.2 $1s3D2 $lszoo N-glom 18 --R, a $226.00 $226.00 $lszoo $171oo At-t-- 203 S-hGeorgia G $149.00 $149.00 $halo $halo At-,C- Zoe Kingspoh c $178.2 $178.2 $11122 $11122 Aeznti,C- 210 Chatleston c $2()8.22 $2()8.22 $13s.m $133.00 At-,C- 213 GleenylllI c 91()8.22 91()8.2 $13s.m $133.00 At-t-- 216 c_bla c 91()8.2 $2os.00 $13s.00 $133.00 At-t-- 217 Myhleeezch B $,98.00 $,98.00 $halo 9126.2 At-,C- 250 Raleigh c 92()8.22 92()8.22 $13s.m $133.00 At-,C- 252 -hm.ntl G $219.00 $219.00 $143.00 $141.00 At-,C- 260 Chabate c 92()8.22 92()8.22 $13s.m $133.00 At-,C- tae --b.m c 9228.22 9228.22 913s.22 . Zea Roanoke B 5198.00 5198.00 5127oo 9126.2 At-,C- 295 N-lk c 92()8.22 92()8.22 $'3 s. $133.00 At-,C- les Hlck.ry C 9228.22 9228.22 $13s.. 5133.00 At-,C- Zee A-11m c $178.00 $178.00 911122 911122 GAC t 205 f3i.ningham C 9228.22 9228.22 $13s.00 $133.00 GAC t 206 Montgomery c 92()8.22 92()8.22 $13s.m $133.00 GAC t 222 Mobile c 92()8.22 92()8.22 $13s.m $133.00 GAC t 262 WPalmBeach c 92()8.22 $2os.00 $13s.m $133.00 GAC t 263 Mlaml G $219.00 $219.00 $143.00 $141.00 G,lfCa,t 264 J-1111lue c 92()8.22 92()8.22 $13s.m $133.00 GAC t 200 Tallahassee G 5172oo $halo $133.00 $133.00 GAC t 269 N-Obean, c 92()8.22 92()8.22 $13s.m $133.m G,lfCt a, - Shreveport c 92()8.22 92()8.22 $13s.00 $133.00 G,lfCa,t 291 Obantl. G $193.00 5193.00 9128.2 91- G,lf Ct a, 292 Tampa G 92()8.22 92()8.22 $133.00 $133.00 G,lfCa,t 294 Jaeks.n c 92()8.22 92()8.22 $13s.m $133.00 GAC t 2e7 FtMyers c $193.00 $193.00 9128.2 9128.2 Boum 201 C-fietl Fire G $193.00 $193.00 9129.2 $halo Boum 202 Atlanta G $193.00 $193.00 9129.2 $halo Boum 207 H,ntaille B 5198.00 5198.00 $-.22 $-.22 Boum 232 Lexington c $2M. $2M. $13s.m $133.00 Boum 233 Louisville c 92()8.22 92()8.22 $13s.m $133.00 Boum 235 Memphis c 92()8.22 9228.22 $13s.m $133.00 Boum 270 ❑tfieR- c 92()8.22 92()8.22 $13s.00 $133.00 S.,m 2ss Chattanooga e 9198.22 9198.22 $-.22 $-.22 S-h tae Na,hmue c 9228.22 9228.22 912,.22 $133.00 slum leo KII-11 c $lszoo $lszoo $116.00 911122 S.um 324 Evansville c 92()8.22 92()8.22 $13s.m $133.00 snum 512 Chatleston c 92()8.22 92()8.22 $13s.m $133.00 Teras&Oklahoma 404 Wbb.ck G $219.00 $219.00 $143.00 $141.00 Teras&Oklahoma 405 Fohwnhh G $219.00 $219.00 $143.00 $141.00 Teras&Oklahoma 407 Dallas G $219.00 $219.00 $143.00 $141.00 Teras&Oklahoma 477 GallasWestfire G $219.00 $219.00 $143.00 $141.00 Teras&Oklahoma 4ao Houston G $219.00 $219.00 $143.00 $14- T-, 141.00 Teras&Oklahoma 441 Tulsa c 92()8.22 92()8.22 $13s.m $133.00 Teras&Oklahoma 442 Oklahoma CLL, c 92()8.22 92()8.22 913s- 5133.00 Teras&Oklahoma 492 -Antonio G $219.00 $219.00 $143.00 $14- T-,&Ok-- 141.00Teras&Okahoma 4e3 Cory,,Ch-, c 92()8.22 92()8.22 $13s.m $133.00 Tera,&Oklahoma 494 Asti, G $219.00 $219.00 $143.00 $141.00 N,lhwe4 412 S-n Rosa E $226.00 $226.00 $,s9.. 91s8D2 Norchwe4 415 Fairb-,AK E $,s9.. $,s9.. $,s9.. $144.00 N,lhwe4 417 San F-,- H $236.00 $236.00 9178.2 $1I6.00 N,lhwe4 411 san Fanosc.she, H 5236.00 $236.00 9178.2 $176MN,lhwest 444 B.i se A 5137.00 5137.00 5117.00 $133.00 N,lhwe4 448 P,rclana,OR E 9226.2 9226.2 $,s9.. 91s8D2 N,lhwe4 449 Anch.age,AK E $,s9.. $,s9.. $,s9.. $144.00 N,lhwest 454 Reno c $199.00 $199.00 $141.00 $133.00 N,lhwe4 455 Sacament. G 9219.2 9219.2 $143.00 $141.00 Norchwe4 458 Seattle H 9212.22 9212.22 9178.2 $1I6.00 N,lhwe4 47sseame-wemre H 921.22 9211.22 9178.22 $1- N,lhwe4 463 J,no E 5169.22 $,s9.. $,s9.. $144.00 N,lhwe4 47e Spokane c 92()8.22 92()8.22 $13s.m $133.00 N,lhwest 483 Helena G 9219.22 9219.22 $143.00 $14- S-h--,f 141.00S-h-Califomla 413 Fresno G $219.00 $219.00 $1so.00 9148.2 S-h--,f.mia 434L.,Angele, H 9228.22 9228.22 9178.22 9176.22 S-h-Califomla 435 La,vega, M $236.00 $236.00 9178.2 $1I6.00 Southern California 436 Inlantl Empire E 9226.2 9226.2 51s9.00 91s8D2 S-h-Califomla 437 VEtF2 G $236.00 $236.00 9178.2 9148.2 S-h-Califomla Oso san Diego H $236.00 $236.00 9118.22 $1I6.00 Southern California 499 H...WI, K 922.22 922.22 $17- $169.00 S-h- 419 Genyer F 51]4.22 51la.00 5131.00 5141.00 Southwest 474 oenyer-wesPire F 51]4.22 9174.2 5131.22 5141.22 Southwest 421 C11111,11 spri19, T $1]4.22 $1]4.22 5131.22 514122 S.,[h-It 445 Phoenix R 5187.22 $18].22 $118.22 $17- 2,-It 18.22.,mwest 475 Phoenix-Wesrfire R $18].22 $18].22 $118.22 $18.22 S.umwest 440 TucsonB 5147.22 5147.22 $1M. $116.22 S11th t 456 Salt LakeC' G $198.22 $198.22 $1,2.22 $148.22 Southwest 478 Salt Lake Ory-Westfire G $198.22 $198.22 $1,2.22 $148.22 S.0 h- 467 Albuqueryue C 51,2.22 51,2.22 $11].22 $133.22 Page 1316 of 1675 NJPA Extinguisher/Emergency Light Pricing Item Description Price New Extinguishers EX1010 10 LB.ABC dry chemical fire extin uisher $77.24 EX1020 20 LB.ABC dry chemical fire extin uisher $124.74 EX1050 5 LB. ABC dry chemical fire extin uisher $59.86 EX1110 10 LB. CO2 fire extin uisher 211.68 EX1115 15 LB. CO2 fire extin uisher $238.14 EX1150 5 LB. CO2 fire extin uisher $137.34 EX1210 10 LB. FE36 Clean-Guard fire extin uisher $418.00 EX1214 13 LB. FE36 Clean-Guard fire extin uisher $630.00 EX1250 5 LB. FE36 Clean-Guard fire extin uisher 208.00 EX1425 2'/2 GAL. Pressurized water fire extin uishe $120.00 EX1560 6L K-Class fire extin uisher $210.00 Extinguisher Recharges EX3010 RECHARGE 10 LB. D/C EXT $21.00 EX3020 RECHARGE 20 LB. D/C EXT $31.00 EX3021 RECHARGE 5 LB. CO2 EXT $11.70 EX3025 RECHARGE 2'/2 LB. D/C EXT $9.36 EX3050 RECHARGE 5 LB. D/C EXT $13.68 EX3060 RECHARGE K CLASS EXT $75.00 EX3110 RECHARGE 10 LB. CO2 EXT 15.12 EX3115 RECHARGE 15 LB. CO2 EXT 16.56 EX3120 RECHARGE 20 LB. CO2 EXT 22.32 EX3200 RECHARGE PRESSURIZED WATER EXT 11.00 Extinguisher Maintenance EX2060 SIX YEAR MAINTENANCE F17.71 EX2080 HYDROTEST CO2 UP TO 20 LB EXT EX2084 HYDROTEST STORED PRESSURE TYPE EXT EX2089 HYDROTEST WATER TYPE EXT Extinguisher Parts EX4001 LOCKING PIN $2.25 EX4002 VERIFICATION COLLAR $3.16 EX4004 TAMPER INDICATING DEVICE $1.25 EX4005 VALVE STEM $11.44 EX4100 VALVE RETAINER SEAL O-RING 4.95 EX4200 GAUGE $11.50 EX4412 CO2 SAFETY RELEASE DEVICE $15.00 EX5002 DECAL INSTRUCTIONAL $1.75 EX5003 DECAL OSHA/HAZMAT/DOT $1.75 EX5100 SIGN-FIRE EXT SELF-ADHESIVE 3.95 EX5102 SIGN FIRE EXT STANDOUT $16.98 EX5200 HANGER- FIRE EXT ALL MODELS 5.50 EX5503 BRACKET ECONOMY $19.50 EX5504 BRACKET HEAVY DUTY $45.00 EX2017 HAZARDOUS MATERIAL HANDLING FEE $25.00 Emergency Lights EE6101 4V 4.6AH BATTERY $50.00 EE6102 4V 10AH BATTERY $50.00 EE6103 6V 4AH BATTERY $50.00 EE6104 6V 7AH BATTERY $61.00 EE6105 6V 8AH BATTERY $55.00 EE6106 6V 10AH BATTERY $50.00 EE6107 6V 20AH BATTERY 121.00 EE6108 6V 36AH BATTERY 145.00 EE6109 12V 32AH BATTERY $165.00 EE6110 12V 55AH BATTERY $195.00 EE6201 AC BULB $9.45 EE6202 DC BULB 6.30 EE6203 SEALED BEAM BULB 22.50 EE6204 FLUORESCENT BULB 12.95 EE6205 LED BULB 35.00 Page 1317 of 1675 National Joint Powers Alliance#031517-SGL JPA'AWARDEQ �°1fPAirf Effective Date: CONTRACT fP)7 �C Customer Name: Location Name: Location Address: Contact Name: Contact Phone: Contact Email: Sales Representative: Branch: COVERED EQUIPMENT: NON-RECCURING SERVICES Quantity: Frequency: Monitoring Setup and Installation One-Time One-time configuration and connection charge 0 Monitoring equipment and installation includes digital communicator and programming 0 Fire Damper and Doors Smoke/Fire Damper Inspections 0 Fire Door Inspections 0 Rolling Fire Doors Inspections 0 Actuators 0 Smoke/Fire Damper Minimum Fee To be used if the total of fire dampers and doors does not equal($2,185.00). If the minimums are not met,line item quantities should be removed and just select yes on line 43. No Smoke/Fire Damper Inspections(Pricing for AK,HI) 0 Fire Door Inspections(Pricing for AK,HI) 0 Rolling Fire Doors Inspections(/Pricing for AK,HI) 0 Actuators(Pricing for AK,HI) 0 Smoke/Fire Damper Minimum Fee To be used if the total of fire dampers and doors does not equal($5,175.00). If the minimums are not met,line item quantities should be removed and just select yes on line 48.(pricing for AK,HI) No $0.00 One-Time Cost $0.00 Sprinkler System (5 Year Inspect) Quantity: Inspect Month: FDC 5-Year Certification Test-(1)Riser&(1)FDC 0 5 Year Obstruction/I nvestigaction-Risers 0 Lift rental(enter number of days) 0 Obstruction/Investigation-In the State of California No $0.00 5 Year Cost $0.00 Additional Tech Time 0 Sprinkler 0 $0.00 Customer Training Center 5 Day Security System Administrator Training(PID:9500-0057) 0 3 Day Service And Maintenance Training(PID:9500-0058) 0 2 Day Integrated System Upgrade Training(PID:9500-0059) 0 4 Day Integrated Security System Admin Training(PID:9500-0129) 0 2 Day ID Badge Training(PID:9500-0127) 0 2 Day ID Badge Training(PID:9500-0144) 0 2 Day Integrated Graphical Maps Training(PID:9500-0141) 0 2 Day Integrated CCTV Control Training(PID:9500-0128) 0 4 Hours Of Integrated System Training(PID:9500-0145) 0 1 Day Integrated Security System Pre-Delivery Svcs(PID:9500-0146) 0 4 Hour Integrated Security System Programming(PID:9500-0147) 0 6 Day Enhanced Security Training(PID:9500-0148) 0 Training Guide(PID:3700-9315) 0 Reduction Training Total Cost $0.00 Insert addt'i services Customer Sianature: Date: Total non-recurring cosi $0.00 Page 1318 of 1675 NJPA Premier Communication Standards EMERGENCY CALL: System/unit is not operational and backup system/unit is not available.Life safety and property protection is non-existent or property assets are in imminent danger of significant damage. • Technician will be dispatched within 3 hours,unless a different time frame is required by applicable law PRIORITY CALL System/unit is operational and maintenance or service work is required to maintain system/unit integrity. • Technician will be on site within 24 hours THREE DAY SERVICE CALL System/unit is operational;general repair is required. •Technician will be on site within three(3)business days SCHEDULED CALL System/unit is operational;planned appointment for inspection,maintenance,and/or service work. • Technician will be on site within fourteen(14)calendar days ALL SERVICE RATES WILL BE BILLED ACCORDING TO NJPA PREFERRED HOURLY SERVICE RATES Minimum charge for an Emergency and a Priority Call is 3 hours Maximum travel charge is 4 hours Overtime fees prevail before 7:00 AM or after 4:30 PM and double time fees prevail on weekends and holidays Page 1319 of 1675 ia7al lenuuit vile. o °a' m Swum uv!laadsu!aU6ti3 U6Paadsaj pue Tsai%%611 Aoua6aawa ". Aaaanbax,� uapaadsui skUttii7daas6a�u� � S44UOW uOabadSul s}tl6l-I Aou66aaui3 '.: Aouanh61j upt}i�adsuj '• S}y6n ADUawam3 uoiinadsul Pus 11 33al S}tl6l-1 Aau66aaui3 sua[p udlpadsui naedae a' �' z a' AtivaU6ai4 wlp dsui awU4a99 ilog3idsUi Pue 194l M.U46ia sUluoW ual7padsUj IaislUpd$I A3uan6a.Id UajjoadsuilajMtIpda a a a a a a a a s ualadsui Pup#sal�aiHuPtls'^ Auday BUppPUtlW UUeix aal3: m 6uUaluoW uUeiya�j,�^' sy#uaW❑al�adsul�iXa�l�� � o Icauardiax a` a` a` a` a` a` a` a` a` a` a` a` a` a` a` r- ua7mddsai w�eiya# (p E E E E E E E E E E E E E E E O O 1001 B sued$uoniodsu!umpjail M_ d) LL a a a a a a a a a a a a a a a 0 0 0 0 0 0 0 0 0 0 0 0 0 t;tt r t t Ott E 15w Q 3 m 4T Td2 a t s r t} t a t 7F t 2 kS 4 } 1 �m t t National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Fire Station 2 NJPA Region Code# Street Address: 2615 W Woolbright Rd AR# City,State,Zip BOYNTON BEACH FI 33436 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $2,720.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Notifier Warden 100 Fire Panel(s) 1 Pull Stations 4 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 1 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 3 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 0 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 1 Annual Tamper Switches 2 Annual Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$214.00 Annual Cost $850.00 Monitoring Quantity: MONITORING: Single building fire alarm service 0 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 1 -$93.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 1 Quarterly Mar,Jun,Sep,Dec Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 3 Quarterly Mar,Jun,Sep,Dec PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 1 Annual Sep Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No -$464.00 Annual Wet Sprinkler Cost $551.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 -$61.00 Annual Backflow Cost $130.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1321 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 6 $12.00 Additional Tech Time FA $889.00 $0.00 Date: Annual Recurring Cost: $2,720.00 Customer Signature: Page 1322 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Fire Station 3 NJPA Region Code# Street Address: 3501 N Congress Ave AR# City,State,Zip BOYNTON BEACH FL 33426 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $1,086.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Simplex 4010 ES Fire Panel(s) 1 Pull Stations 12 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 20 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 3 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 6 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$988.00 Annual Cost $754.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1323 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 22 $44.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,086.00 Customer Signature: Page 1324 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Fire Station 4 NJPA Region Code# Street Address: 1919 S Federal Hwy AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $1,671.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Simplex 4010 Fire Panel(s) 1 Pull Stations 5 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 1 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 1 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 1 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 1 Annual Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$262.00 Annual Cost $690.00 Monitoring Quantity: MONITORING: Single building fire alarm service 0 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 1 -$93.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 1 Quarterly Mar,Jun,Sep,Dec Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 1 Quarterly Mar,Jun,Sep,Dec PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 1 Annual Sep Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No -$210.00 Annual Wet Sprinkler Cost $551.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 -$61.00 Annual Backflow Cost $130.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1325 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 6 $12.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,671.00 Customer Signature: Page 1326 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Fire Station 5 NJPA Region Code# Street Address: 2080 High Ridge Rd AR# City,State,Zip BOYNTON BEACH FL 33426 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $3,067.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Notifier NFS2-640 Fire Panel(s) 1 Pull Stations 15 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 41 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 8 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 0 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 1 Annual Tamper Switches 4 Annual Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$732.00 Annual Cost $1,710.00 Monitoring Quantity: MONITORING: Single building fire alarm service 0 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 1 UL Certified Fire Alarm Monitoring 1 -$110.00 $576.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 1 Quarterly Mar,Jun,Sep,Dec Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 5 Quarterly Mar,Jun,Sep,Dec PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 1 Annual Sep Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No -$718.00 Annual Wet Sprinkler Cost $551.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 -$61.00 Annual Backflow Cost $130.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1327 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 50 $100.00 $0.00 $0.00 Date: Annual Recurring Cost: $3,067.00 Customer Signature: Page 1328 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Intracoastal Park Pavilion NJPA Region Code# Street Address: 2240 North Federal Hwy AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $2,721.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept FCI Fire Panel(s) 1 Pull Stations 9 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 6 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 3 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 1 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 1 Annual Tamper Switches 3 Annual Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$214.00 Annual Cost $1,080.00 Monitoring Quantity: MONITORING: Single building fire alarm service 0 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 1 -$93.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 1 Quarterly Mar,Jun,Sep,Dec Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 4 Quarterly Mar,Jun,Sep,Dec PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Annual Backflow Preventer(Sprinkler,Domestic,Irrigation) 1 Annual Dec Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No -$591.00 Annual Wet Sprinkler Cost $551.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 -$61.00 Annual Backflow Cost $130.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1329 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 15 Annual January Exit Lights with Battery Pack 0 Optional Platinum Coverage No -$21.00 Annual Cost $189.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 12 $24.00 Additional Labor FA $459.00 $0.00 Date: Annual Recurring Cost: $2,721.00 Customer Signature: Page 1330 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Pistol Range Bid NJPA Region Code# Street Address: 3501 N Congress Ave AR# City,State,Zip BOYNTON BEACH FL 33426 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $686.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Simplex 4010 ES Fire Panel(s) 1 Pull Stations 2 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 3 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 2 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 0 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$582.00 Annual Cost $382.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1331 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 8 $16.00 $0.00 $0.00 Date: Annual Recurring Cost: $686.00 Customer Signature: Page 1332 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach PW1 NJPA Region Code# Street Address: 222 Ne 9th Ave AR# City,State,Zip Boynton Beach FI 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $561.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Simplex 4010 ES Fire Panel(s) 1 Pull Stations 8 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 21 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 1 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 3 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$864.00 Annual Cost $541.00 Monitoring Quantity: MONITORING: Single building fire alarm service 0 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 $0.00 $0.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1333 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 10 $20.00 $0.00 $0.00 Date: Annual Recurring Cost: $561.00 Customer Signature: Page 1334 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach PW2 NJPA Region Code# Street Address: 222 NE 9th Ave AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $605.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Simplex 4006 Fire Panel(s) 1 Pull Stations 10 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 18 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 0 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 6 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 0 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$825.00 Annual Cost $583.00 Monitoring Quantity: MONITORING: Single building fire alarm service 0 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 $0.00 $0.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1335 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 11 $22.00 $0.00 $0.00 Date: Annual Recurring Cost: $605.00 Customer Signature: Page 1336 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach PW6 NJPA Region Code# Street Address: 222 Ne 9th Ave AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $220.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Simplex 4005 Fire Panel(s) 1 Pull Stations 1 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 2 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 0 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 0 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 0 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$507.00 Annual Cost $218.00 Monitoring Quantity: MONITORING: Single building fire alarm service 0 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 $0.00 $0.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1337 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 1 $2.00 $0.00 $0.00 Date: Annual Recurring Cost: $220.00 Customer Signature: Page 1338 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach School House Mus NJPA Region Code# Street Address: 129 E Ocean Ave AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $1,941.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Notifier AFP 200 Fire Panel(s) 1 Pull Stations 5 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 19 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 2 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 2 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 1 Annual Tamper Switches 4 Annual Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$592.00 Annual Cost $940.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 1 Quarterly Mar,Jun,Sep,Dec Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 5 Quarterly Mar,Jun,Sep,Dec PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 1 Annual Sep Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No -$718.00 Annual Wet Sprinkler Cost $551.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 -$61.00 Annual Backflow Cost $130.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1339 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 16 $32.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,941.00 Customer Signature: Page 1340 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Senior Ctr NJPA Region Code# Street Address: 1021 S Federal Hwy AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $1,985.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Simplex 4010 ES Fire Panel(s) 1 Pull Stations 3 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 22 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 3 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 2 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$548.00 Annual Cost $986.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 1 Quarterly Feb,May,Aug,Nov Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 1 Annual Oct Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No -$83.00 Annual Wet Sprinkler Cost $551.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 -$61.00 Annual Backflow Cost $130.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1341 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 15 $30.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,985.00 Customer Signature: Page 1342 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Sims Center NJPA Region Code# Street Address: 225 NW 12TH AVE AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $2,315.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Notifier Fire Panel(s) 1 Pull Stations 6 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 5 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 4 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 5 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 1 Annual Tamper Switches 5 Annual Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$214.00 Annual Cost $1,260.00 Monitoring Quantity: MONITORING: Single building fire alarm service 0 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 1 -$93.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 1 Quarterly Feb,May,Aug,Nov Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 6 Quarterly Feb,May,Aug,Nov PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 1 Annual Feb Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No -$845.00 Annual Wet Sprinkler Cost $551.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 -$61.00 Annual Backflow Cost $130.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1343 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 20 $40.00 Additional Tech Time Fire Alarm $46.00 $0.00 Date: Annual Recurring Cost: $2,315.00 Customer Signature: Page 1344 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach Utilities Administration Building NJPA Region Code# Street Address: AR# City,State,Zip Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $1,086.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Mar,Sept Notifier AFP 200 Fire Panel(s) 1 Pull Stations 7 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 7 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 4 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 5 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$658.00 Annual Cost $754.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1345 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 22 $44.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,086.00 Customer Signature: Page 1346 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Boynton Beach West Water Plant NJPA Region Code# Street Address: 5469 Boynton Beach Blvd AR# City,State,Zip BOYNTON BEACH FL 33437 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $1,619.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual Jun,Dec Notifier 500 Fire Panel(s) 1 Pull Stations 7 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 33 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 3 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 12 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 1 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$857.00 Annual Cost $1,325.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 0 Quarterly Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 0 Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No $0.00 Annual Wet Sprinkler Cost $0.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 $0.00 Annual Backflow Cost $0.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1347 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) Audible signal testing 3 $6.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,619.00 Customer Signature: Page 1348 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Ezell Hester NJPA Region Code# Street Address: 1901 N Seacrest Blvd AR# City,State,Zip BOYNTON BEACH FL 33435 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $1,976.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Semi-Annual April,Oct Simplex 4010 ES Fire Panel(s) 1 Pull Stations 10 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 20 Not SmokeDetector-Cleaning included Not SmokeDetector-Sensitivity included Duct Detectors-Functional test 15 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 7 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 1 Annual Tamper Switches 0 Dact(Dialer Panel) 0 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage Yes Inspection After-Hours No -$1,401.00 Annual Cost $1,007.00 Monitoring Quantity: MONITORING: Single building fire alarm service 1 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 -$135.00 $288.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 1 Quarterly Feb,May,Aug,Nov Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 1 Quarterly Feb,May,Aug,Nov PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 1 Annual Nov Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No -$210.00 Annual Wet Sprinkler Cost $551.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 -$61.00 Annual Backflow Cost $130.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 Page 1349 of 1675 $0.00 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) $0.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,976.00 Customer Signature: Page 1350 of 1675 National Joint Powers Alliance Cooperative ,�,�rT Q/y�AWARDED rCAl7T1 I'll Program #031517-SGL 4 JP i coNTRACT / t/7/�X� NJPA Customer: City of Boynton Beach CCA Use Only:is Site Name: Links Of Boynton Beach NJPA Region Code# Street Address: 8020 JOG RD AR# City,State,Zip BOYNTON BEACH FL 33472 Ship to Customer# Bill:to Customer# NJPA Member#: 21407 NJPA Rev 1 Effective Date Sales Representative Kerry Wells Annual Contract Value Contract Period Begin and End Date January 1,2018-December 31,2018 $1,182.00 Fire Alarm(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Make/Model: Annual Fire Panel(s) 0 Pull Stations 0 Smoke Detector-Sensitivity report from panel per 250 0 SmokeDetectors-Test&Inspect 0 Not SmokeDetector-Cleaning included SmokeDetector-Sensitivity 100 Duct Detectors-Functional test 0 Not Duct Detectors-Cleaning included Not Duct Detectors-Sensitivity included Elevator Recall 0 AV's,Horn/Strobes 0 Speakers 0 Heat Detectors 0 Warden Phone Jacks 0 Transponder 0 NAC 0 Annunciator 0 Other(AHU input,relays,etc.) 0 Vesda Early Detection Device 0 WIT Frequency: WaterFlow 0 Tamper Switches 0 Dact(Dialer Panel) 0 Door Holder 0 Optional Standard Labor Coverage No Optional 24/7 Labor Coverage No Optional Full Service Parts Coverage No Inspection After-Hours No $0.00 Annual Cost $0.00 Monitoring Quantity: MONITORING: Single building fire alarm service 0 By ordering this service you are agreeing to the Master Single building burglar alarm service 0 Monitoring Terms and Conditions applicable with this contract. Multi building applications(same dialer)(each building) 0 Single building combo panel service(fire/security) 0 These terms can be referenced in the monitoring tab below. Elevator Monitoring 0 UL Certified Fire Alarm Monitoring 0 $0.00 $0.00 Sprinkler System (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Wet Risers 2 Quarterly Feb,May,Aug,Nov Dry Risers 0 Annual Dry Sprinkler Trip Test 0 Annual Pre-Action(Quarterly pricing includes trip test.Pricing does not reflect additional FA panel or devices.If needed,see FA pricing above). 0 Annual Additional Control Assemblies(Tamper and Flow) 0 PIV's(Post indicator valve) 0 Deluge Risers 0 Annual AFFF(Foam tank inspect&lab analysis of foam) 0 Fire Hose Stations 0 Standpipe 0 Anti-Freeze Loops 0 Fire Pump 0 Monthly Pump Run (each) 0 Monthly Private Fire Hydrants 0 Backflow Preventer(Sprinkler,Domestic,Irrigation) 2 Annual August Backflow preventer:LA,IN,MN,MD,IL,MO,MI 0 Monthly Valve Inspections 0 Monthly Optional Sprinkler Standard Labor Coverage No After-Hours Sprinkler Inspection No -$16.30 Annual Wet Sprinkler Cost $903.00 $0.00 Annual Dry Sprinkler Cost $0.00 $0.00 Annual Anti-Freeze Cost $0.00 -$6.51 Annual Backflow Cost $279.00 $0.00 Annual Deluge Cost $0.00 $0.00 Annual Fire Hose Cost $0.00 $0.00 Annual Fire Pump Cost $0.00 $0.00 Page 1351 of 1675 Annual Pre-Action Cost $0.00 $0.00 Annual Standpipe Cost $0.00 $0.00 Annual Fire Hydrant Cost $0.00 Special Hazards(Test&Inspect Quantity: Inspect Frequency: Inspect Month(s): FM200 or Halon System-Up to 300#Tank(Note:Use A&D prices for the testing of devices) 0 Panel 0 Clean Agent System additional cylinder less than 350lbs 0 Clean Agent System additional cylinder greater than 350lbs 0 SmokeDetectors-Test&Inspect 0 SmokeDetector-Cleaning 50 SmokeDetector-Sensitivity 50 Heat Detectors 0 Pull Stations 0 Above Ceiling Smoke Detector(functionality test of smoke detector above ceiling grid) 0 Subfloor Detector-Test&Inspect 0 Subfloor Detector-Cleaning 50 Subfloor Detector-Sensitivity 50 AudioNisual 0 Abort 0 $0.00 Annual Cost $0.00 Extinguishers(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: ABC Portable Units 0 Clean Agent,Halon 0 CO2/K-Class 0 Water-stored pressure 0 Wheeled Unit-stored pressure 0 Nevada(Includes parts and chemicals) 0 Optional Platinum(parts,recharge,service) No $0.00 Annual Cost $0.00 Emergency Lighting(Test&Inspect) Quantity: Inspect Frequency: Inspect Month: Emergency Lights with Battery Pack 0 Exit Lights with Battery Pack 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Kitchen Hoods (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Hood System(incl test&inspection of 1 tank&up to 3 links) 0 Additional Tanks 0 Additional Links 0 Optional Platinum Coverage No $0.00 Annual Cost $0.00 Emergency Shower/Eyewash Stations (Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Initial Shower/Eyewash Station 0 Annual Eash Additional 0 Additional Hours for Training or to meet Monthly Requirements 0 $0.00 Annual Cost $0.00 Closed Circuit Television(Test&Inspect) Quantity: Inspect Frequency: Inspect Month(s): Multiplexer 0 Annual Camera's(Indoors) 0 Camera's(Outdoor) 0 Monitors 0 Input Switcher 0 Lense Cleaning 0 Pan/Tilt 0 Controller 0 Heater/Blower 0 Battery Testing/Per Battery 0 $0.00 Annual Cost $0.00 Viakoo for CCTV Quantity: Service Frequency: Viakoo Predictive—per camera/encoder 0 Annual Viakoo Preemptive—per Camera/encoder 0 Annual Viakoo Proactive— Per camera/encoder 0 Annual Standard Labor Coverage(M-F,8 to 5) No 8-5 Standard Coverage 24/7 Labor Coverage No 24/7 Labor Coverage $0.00 Service Type: Additional Tech Time 0 Sprinkler $0.00 Insert addt7 svc coverage desc.(hood clean,parts,union labor) $0.00 $0.00 $0.00 Date: Annual Recurring Cost: $1,182.00 Customer Signature: Page 1352 of 1675 Monitoring Service Agreement Terms and Conditions Instructions and Explanation List SUBSCRIBER'S NAME: The Subscriber's legal name. If a business, this would be the name as indicated on the business license. Also include name of the building or premise if the Subscriber is a commercial property manager. MONITORING ACCOUNT# The account number(location address code)given to you by the Monitoring Center. ADDRESS: This must be the street address of the monitored premises, along with any additional address information such as Suite or Building#. Post office boxes cannot be allowed for obvious reasons. If a separate address or P.O. Box is used for billing purposes, please provide where indicated. CITY: City,Township, etc. where the Subscriber is located. STATE: State in which Subscriber is located. ZIP: Zip code in which Subscriber is located. ALARM PERMIT# Required by some Police Departments before they will respond to alarm activations. Usually there is a 4 to 6 week grace period to obtain Alarm Permit, after which time the police will no longer respond until a valid permit for the customer premise is obtained. Check the laws as they pertain to your area. For more information, contact your authority having jurisdiction. CUSTOMER NUMBER/SEQUENCE: The eight digit number assigned to this customer in the SimplexGrinnell billing system, along with the four digit Sequence Number which identifies the monitoring unit created for this account. PREMISE TELEPHONE# Subscriber's phone number. Used to verify alarm signals and to contact subscriber in the event of alarm malfunction. PREMISE FAX# Subscriber's fax number, if appropriate. CROSS STREET: Authority having jurisdiction often asks for the nearest cross street in order to expedite dispatching of emergency response personnel. BILLING ADDRESS: Subscriber billing address if it is different from the premise address. CONTACT/CALL LIST(RESPONSIBLE PARTIES) KEY: Check box if responsible party has keys to Subscriber's premises and is able to disarm alarm system. At least two of the responsible parties should have keys to the premises. NAME: Page 1353 of 1675 Responsible parties' names in the order in which they are to be called. Names listed should be persons who can shut off the alarm system and if necessary respond to the premises when notified of an alarm activation by the Monitoring Center. PHONE# Phone number at which the responsible party can be contacted by the Monitoring Center.This is presumed to be a residence phone PASS CODE/ABORT CODE: This can be a number, word, or combination of letters and numbers. It is a secret code selected by the Subscriber to confirm that the user is authorized to access account information, place the system on test and verify false alarms. All security alarm monitoring accounts must have a Pass Code; Pass Codes on fire alarm monitoring accounts are recommended but not required. On fire alarm accounts,the monitoring account number will function as the Pass Code if one is not selected by the Subscriber. EMERGENCY CALL LIST: List telephone number, including area code, of correct local emergency dispatch authority/agency (Police, Fire Department, 911, etc.). Be sure to verify that the Subscriber is located within the jurisdiction of the agency given.The number should be the 24-hour emergency dispatch number, not the administrative office. COMMUNICATOR: Manufacturer's name and type of dialer (DACT) used. MODEL# Model number of dialer (DACT) used. INTRUSION PANEL MODEL # Example: 3001, 3007, etc. FORMAT REPORTING: Check appropriate box or write in specific type of communications format to be used by the dialer (DACT). TIME ZONE: EST, CST, MST, PST. AUTOMATIC TEST TIMER INTERVAL: The interval between Automatic Timer tests, i.e. 24 hours (Daily), Weekly, Monthly or None. OPENING AND CLOSING SIGNALS: On security alarm systems only, dialers can be programmed to send a signal to the Monitoring Center each time the system is disarmed (opening signal) or armed (closing signal). OPEN/CLOSE - LOG ONLY: All opening and closing signals received by the Monitoring Center are logged in the account's activity history, but no action is taken by an operator. OPEN/CLOSE -SUPERVISED: The monitoring center will call on any opening or closing signals which are received outside of the scheduled "window" for the account. WINDOW: Page 1354 of 1675 If the Subscriber's business will be reporting Open/Close signals from a security alarm system which are to be supervised by the monitoring center,the default time set for the "window" is 60 minutes. The window works as follows: If a business is scheduled to open at 0800 and has a 60 minute window, the business will receive a call from the monitoring center for an Early Open if the system is disarmed prior to 0700. If the business does not open by 0900, the Monitoring Center will call on a No Open received. If the business is scheduled to close at 1700, but remains open (alarm system is not armed) past 1800, the Monitoring Center will call on the No Close Received. ACTIVITY REPORTS: Computer generated reports of all account activity, including Open/Close signals if applicable, which are to be sent periodically to the customer. Specify whether reports are to be sent monthly, weekly, or on some other basis. ZONE: Zones transmitted by the alarm system dialer to the Monitoring Center, i.e. 1, 2, 3, 31, 32, etc., depending on the electronic communications format used. It is necessary to list all zone information to be used by the dialer. PROTECTED AREA: Description of area the alarm zone would cover, i.e. Front Door, Warehouse, etc. on a security alarm. Please note that although you may have the resolution code list, be sure to always include the description of that zone in order to assure accuracy. AUD/SIL/VFY/ DISP: Check appropriate box. AUD =Audible Alarm; SIL=Silent Alarm;VFY=Verify; DISP= Dispatch ALARM TYPE: Fire, duress, burglary, etc. SIGNAL: Numeric or alphanumeric code sent by the alarm dialer to the Monitoring Center. Example: 1 or 01, 3 or 03, etc. depending on format. SPECIAL INSTRUCTIONS: Please note as specifically as possible any special instructions on how alarm activations are to be handled by the Monitoring Center if they differ in any way from normal dispatch and notification procedures. Example: "Call customer premise first to verify before dispatching on alarms received during normal business hours." STATE LICENSE# Include SimplexGrinnell State License#on this form, if applicable. Some states require this number to be printed on all correspondence. Check state and local jurisdiction laws or codes as they pertain to your area. DISTRICT CODE: This will normally be the district office listing number. COMPLETED BY: Name of person completing form. DATE: Date form was completed and signed. MAINTENANCE AGREEMENT COVERAGE CODE: Insert technical support response code for contracted response services. ANNUAL MONITORING FEE: Page 1355 of 1675 Write in the dollar amount to be billed to the customer on an annual basis. SUBSCRIBER AUTHORIZED SIGNATURE: This acknowledges Subscriber's agreement to pay the Annual Monitoring Fee, as well as Subscriber's agreement to be bound by the Terms and Conditions set forth by SimplexGrinnell on the reverse side of the Monitoring Service Agreement form. TERMS AND CONDITIONS 1.Introduction.Subscriber has contracted with SimplexGrinnell for monitoring services at the location indicated on the front side of this Agreement. 2.SimplexGrinnell's Duties.Subscriber agrees and acknowledges that SimplexGrinnell's sole and only obligation under this Agreement shall be to monitor signals sent by various media including,but not limited to,telephone lines,cellular devices,satellite technology,and radio telemetry and received by means of a protective system(hereinafter"System")and to respond thereto by notifying the party(or parties) identified by Subscriber.Upon receipt of a protective system signal,SimplexGrinnell shall WITHOUT WARRANTY attempt to notify the party (or parties)that has been identified by Subscriber as the proper party to notify under the circumstances encountered. 3.Waiver of Warranty;Exculpatory Clause.Subscriber understands that SimplexGrinnell offers several levels of protection services and that the level described has been chosen by Subscriber after considering and balancing various levels of protection afforded and their related costs.IT IS UNDERSTOOD AND AGREED THAT:SIMPLEXGRINNELL IS PROVIDING A SERVICE DESIGNED TO REDUCE THE RISK OF LOSS;THAT SIMPLEXGRINNELL IS NOT AN INSURER;THAT INSURANCE,IF ANY,SHALL BE OBTAINED BY SUBSCRIBER COVERING PERSONAL INJURY, INCLUDING DEATH,AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE;THE PAYMENTS HEREUNDER ARE BASED SOLELY ON THE VALUE OF THE MONITORING SERVICES AS DESCRIBED HEREIN AND ARE UNRELATED TO THE VALUE OF ANY OF SUBSCRIBER'S PROPERTY,ORTHE PROPERTY OF OTHERS LOCATED AT SUBSCRIBER'S LOCATION,THE VALUE OF WHICH IS KNOWN ONLY BY SUBSCRIBER;THAT SIMPLEXGRINNELL IS NOT LIABLE FOR LOSSES CAUSED BY THE MALFUNCTION OR NON-FUNCTION OF THE SYSTEM OR EQUIPMENT OR THE MONITORING,REPAIRING,SIGNAL HANDLING OR DISPATCHING SERVICES EVEN IF DUE TO SIMPLEXGRINNELL'S NEGLIGENCE OR FAILURE TO PERFORM.SIMPLEXGRINNELL MAKES NO GUARANTEE OR WARRANTY,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,THATTHE SERVICES OR EQUIPMENT SUPPLIED WILLAVERT OR PREVENT OCCURRENCES,OR THE CONSEQUENCES THEREFROM,WHICH THE SERVICES OR EQUIPMENT ARE DESIGNED TO DETECT.SIMPLEXGRINNELL MAKES NO WARRANTY OF ANY KIND,EXPRESS OR IMPLIED,THATTHE EQUIPMENT SUPPLIED,OR ANY HARDWARE,SOFTWARE OR NETWORKS USED IN CONNECTION WITH THE SYSTEM SHALL CORRECTLY HANDLE THE PROCESSING OF DATES BEFORE AND AFTER DECEMBER 31,1999,ORTHAT THE SERVICES HEREUNDER SHALL ENSURE SUCH CORRECT DATE HANDLING. 4.Third Party Indemnification.Since the parties agree that Subscriber retains the sole responsibility for the life and safety of all persons on its premises,and for protecting against losses to its own property and the property of others located on its premises,Subscriber agrees to indemnify,defend,and hold harmless SimplexGrinnell,its officers,employees,agents,subcontractors,suppliers,or representatives,from and against all claims,lawsuits,and losses,including attorneys'fees,by persons not a party to this Agreement,alleged to be caused by the improper operation of the system,whether due to malfunctioning or nonfunctioning of the system or the negligent performance or nonperformance of the monitoring services or other installation,maintenance,or other services by SimplexGrinnell or its officers,employees, agents,subcontractors,suppliers,or representatives.Additionally,Subscriber agrees to list SimplexGrinnell,its officers,employees,agents, subcontractors,suppliers,and representatives as additional insured on all insurance policies in effect on the premises. Page 1356 of 1675 5.Limitation of Liability;Liquidated Damages.SUBSCRIBER ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES,IF ANY,WHICH MAY PROXIMATELY RESULT FROM FAILURE ON THE PART OF SIMPLEXGRINNELL TO PERFORM ANY OF ITS OBLIGATIONS OR SERVICES HEREIN, INCLUDING,BUT NOT LIMITED TO,MONITORING SERVICES,INSTALLATION OR MAINTENANCE,THE FAILURE OF THE EQUIPMENT(SYSTEM)TO OPERATE PROPERLY, BY ACTIVE OR PASSIVE NEGLIGENCE,OR BY FAILURE TO PERFORM ANY OF THE OBLIGATIONS HEREIN,BECAUSE OF AMONG OTHER THINGS:(A)THE UNCERTAIN AMOUNT OR VALUE OF SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS KEPT AT THE MONITORED LOCATION WHICH MAYBE LOST,STOLEN,DESTROYED, DAMAGED OR OTHERWISE AFFECTED BY OCCURRENCES WHICH THE EQUIPMENT(SYSTEM)AND/OR SERVICES IS DESIGNED TO DETECT;(B)THE UNCERTAINTY OF THE RESPONSE TIME OF ANY POLICE DEPARTMENT,FIRE DEPARTMENT,PARAMEDIC UNIT,PATROL SERVICE OR OTHERS,SHOULD ANY OF THESE PARTIES BE DISPATCHED AS A RESULT OF A SIGNAL BEING RECEIVED OR AN AUDIBLE DEVICE SOUNDING;(C)THE INABILITY TO ASCERTAIN WHAT PORTION,IF ANY,OF ANY LOSS WOULD BE PROXIMATELY CAUSED BY SIMPLEXGRINNELL'S FAILURE TO PERFORM OR BY ITS EQUIPMENT'S FAILURE TO OPERATE;OR(D)THE UNCERTAIN NATURE OF OCCURRENCES WHICH MIGHT CAUSE INJURY OR DEATH TO SUBSCRIBER OR ANY OTHER PERSON.THEREFORE,SUBSCRIBER ACKNOWLEDGES AND AGREES THAT IF ANY LOSS OR LIABILITY IS ALLEGED AGAINST SIMPLEXGRINNELL,IRRESPECTIVE OF CAUSE,INCLUDING,BUT NOT LIMITED TO,WHETHER THE LOSS OR LIABILITY IS CAUSED BY SIMPLEXGRINNELL'S OWN NEGLIGENCE,SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUALTO THE ANNUAL MONITORING FEE OR TWENTY FIVE HUNDRED(2500.00)DOLLARS,WHICHEVER IS LESS.THIS SUM SHALL BE PAID AND RECEIVED AS EITHER(1)LIQUIDATED DAMAGES AND NOT AS A PENALTY,OR(2)AS A LIMITATION OF LIABILITY APPROVED AND AGREED UPON BY THE PARTIES.THE PAYMENT OF THIS AMOUNT SHALL BE SIMPLEXGRINNELL'S SOLE AND EXCLUSIVE LIABILITY.UNDER NO CIRCUMSTANCES SHALL SIMPLEXGRINNELL BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON FOR GENERAL,SPECIAL, INCIDENTAL,OR CONSEQUENTIAL DAMAGES OF ANY NATURE IN EXCESS OF SUCH AMOUNT,INCLUDING,WITHOUT LIMITATION,DAMAGES FOR PERSONAL INJURY OR DAMAGES TO REAL OR PERSONAL PROPERTY,LOSS OF PROPERTY OR REVENUE,COST OF CAPITAL,COSTS OF PURCHASED OR REPLACED GOODS,OTHER ECONOMIC LOSS HOWEVER OCCASIONED,AND WHETHER ALLEGED AS CAUSED BY THE INSTALLATION,REPAIR,DESIGN,SALE,LEASE,OR FAILURE OF THE MONITORING EQUIPMENT OR SERVICE OR THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT OR BREACH OF WARRANTY OR NEGLIGENCE,ACTIVE,PASSIVE,JOINT,SEVERAL OR OTHERWISE,STRICT LIABILITY,TORT,OR OTHERWISE BY SIMPLEXGRINNELL,ITS OFFICERS,EMPLOYEES, AGENTS,SUBCONTRACTORS,SUPPLIERS,OR REPRESENTATIVES.Subscriber agrees to obtain insurance coverage adequate to protect Subscriber's interest in light of the limitation of liability stated in this Agreement.If subscriber wishes SimplexGrinnell to increase the amount of the above limitation of liability or liquidated damages,Subscriber may inquire about obtaining an increase to this amount in exchange for the payment of an additional monthly charge,but such additional monthly charge shall not be construed to mean that SimplexGrinnell is an insurer orto relieve Subscriber of the sole responsibility to obtain and maintain insurance.The foregoing shall survive the termination or expiration of this Agreement.SimplexGrinnell assumes no responsibility for any loss in excess of such amount. 6.Subscriber's Duties.In addition to Subscriber's duty to indemnify,defend,and hold SimplexGrinnell harmless as provided above:(a) Subscriber shall carefully and properly test and set the system immediately prior to the securing of the premises and carefully test the system in a manner prescribed by SimplexGrinnell during the term of this Agreement.Subscriber shall be solely responsible for testing the System for accurate date handling capabilities,and for maintaining such capabilities.Subscriber agrees that it is responsible for any losses or damages due to malfunction,miscommunication,or failure of Subscriber's system to accurately handle,process,or communicate date data.If any defect in operation of the System develops,or in the event of a power failure,interruption of telephone service,or other interruption at Subscriber's premises of signal or data transmission through any media,Subscriber shall notify SimplexGrinnell immediately.If space/interior protection(i.e.,ultrasonic,microwave,infrared,etc.)is part of the System,Subscriber shall walk test the system in the manner recommended by SimplexGrinnell.(b)When any device or protection is used,including,but not limited to,space protection,which may be affected by turbulence of air,occupied airspace change or other disturbance,forced air heaters,air conditioners,horns,bells,animals and any other source of air turbulence or movement which may interfere with the effectiveness of the System during closed periods while the alarm system is on,Subscriber shall notify SimplexGrinnell.(c)Subscriber shall notify SimplexGrinnell regarding any remodeling or other changes to the protected premises that may affect operation of the System.(d)Subscriber shall cooperate with SimplexGrinnell in the installation,operation, and maintenance of the system and agrees to follow all instructions and procedures which may be prescribed for the operation of the System, the rendering of services and the provision of security for the premises.(e)Subscriber shall pay all charges made by any telephone company or other utility for installation,leasing,and service charges of telephone lines connecting Subscriber's premises to SimplexGrinnell.Subscriber acknowledges that alarm signals from Subscriber's premises to SimplexGrinnell are transmitted over Subscriber's telephone service and that in the event the telephone service is out of order,disconnected,placed on"vacation,"or otherwise interrupted,signals from Subscriber's alarm system will not be received by SimplexGrinnell during any such interruption in telephone service and the interruption will not be known to SimplexGrinnell.Subscriber agrees that in the event the equipment or system continuously transmits signals reasonably determined by SimplexGrinnell to be false and/or excessive in number,Subscriber shall be subject to the additional costs and fees incurred by SimplexGrinnell in receiving and/or responding to the excessive signals. 7.Authorized Personnel&Emergency Information.Subscriber agrees to furnish forthwith a written list of the names,addresses and telephone numbers of all persons authorized to enter or remain on Subscriber's premises and/or that should be notified in the event of an alarm.Subscriber agrees to provide all changes,revision and modifications to the above to SimplexGrinnell in writing in a timely manner. Subscriber shall furnish to SimplexGrinnell certain emergency information and shall keep it current by providing SimplexGrinnell with any changes in writing,providing the required identifying information in a timely manner. Page 1357 of 1675 8.Assignees and/or Subcontractors of SimplexGrinnell.SimplexGrinnell shall have the right to assign this Agreement in whole or in part to any other person,firm,or corporation and shall have the further right to subcontract any surveillance,monitoring,maintenance,patrol, emergency response,or other services which it may be required to perform hereunder.Subscriber acknowledges that this Agreement,and particularly those paragraphs relating to SimplexGrinnell's maximum liability and third party indemnification,shall inure to the benefit of and are applicable to any assignees and/or subcontractors of SimplexGrinnell,and that they bind Subscriber with respect to said assignees and/or subcontractors with the same force and effect as they bind Subscriber to SimplexGrinnell. 9.Assignment by Subscriber.Subscriber acknowledges that the sale or transfer of Subscriber's premises shall not relieve Subscriber of duties and obligations under this Agreement unless SimplexGrinnell agrees in writing to the transfer of the Agreement. 10.Taxes,Fees,Fines,Licenses,and Permits.(a)Subscriber agrees to pay all sales tax,use tax,property tax,utility tax and other taxes required in connection with the equipment and services listed,including telephone company line charges,if any.SimplexGrinnell shall have the right,at any time,to pass along to Subscriber any increases in the monthly charges which hereafter may be imposed on SimplexGrinnell by utility or government agencies relating to the service(s)provided under the terms of this Agreement,and Subscriber hereby agrees to pay the same. (b)Subscriber agrees to assume all responsibility for any false alarms or signals given by the protective equipment.Subscriber will indemnify, pay and defend SimplexGrinnell and its authorized contractors and hold each of them harmless from and against any responsibility or liability for payment of associated fines,penalties or other costs.(c)Subscriber shall comply with all laws and regulations relating to the equipment and its use and shall promptly pay when due all sales,use,property,excise and other taxes and all license and registration fees now or hereafter imposed by any government body or agency upon the equipment or its use.If Subscriber fails to maintain any required licenses or permits,SimplexGrinnell shall not be responsible for performing the services and may terminate the services with notice to Subscriber. 11.Increase in Service Charges.SimplexGrinnell shall have the right to increase the Service Charges provided for herein by giving Subscriber thirty(30)days written notice in advance of the effective date of such increase.Charges for time and materials sery-ices are based upon SimplexGrinnell's service rates in effect at the time of the service,and are subject to change without notice. 12.Delay or Interruptions.SimplexGrinnell assumes no liability for delay in the installation of the System or for interruption of monitoring services due to strikes,riots,floods,storms,earthquakes,fire,power failures,insurrections,interruption of availability of telephone,cable, cellular,satellite,or radio service or service through any other medium,malfunction or unavailability of the system related to date handling problems,irrespective of cause,acts of God,or for any other cause beyond the control of SimplexGrinnell,and will not be required to provide installation or other services to Subscriber while interruption of service due to any such cause may continue.SimplexGrinnell assumes no liability for delay of installation or services due to non-cooperation of the Subscriber or his agents in providing access to that area of installation or service on any device or devices of the Subscriber or of others to which SimplexGrinnell's equipment is attached. 13.Outside Charges.Subscriber understands and accepts that SimplexGrinnell specifically denies any responsibility for charges associated with the notification or dispatching of anyone,including,but not limited to,fire department,police department,paramedics,doctors,or any other emergency personnel,and if there are any charges incurred as a result of said notification or dispatch,said charges shall be the responsibility of Subscriber,whether requested or not and whether such entities were correctly or incorrectly notified by SimplexGrinnell,its agents,or subcontractors. 14.Default/Termination.In the event Subscriber fails to pay any amount,Subscriber abuses the equipment or the use of the monitoring facility,Subscriber fails to comply with any of the terms and conditions hereof,Subscriber makes an assignment for the benefit of creditors,an order for relief is entered against Subscriber under any chapter of the National Bankruptcy Code,as amended,a receiver or trustee is appointed for all,or substantially all,the assets of Subscriber,or there is a dissolution or termination of existence of Subscriber,or if Subscriber is in default under this Agreement and such default continues for ten(10)days after SimplexGrinnell gives Subscriber written notice of such default,in addition to any other remedies provided by law,SimplexGrinnell may pursue any one or more of the following remedies,which are cumulative and nonexclusive:(a)Terminate all services subscribed for hereunder by giving ten(10)days written notice to Subscriber,without terminating this Agreement,and recover all amounts due to SimplexGrinnell;(b)Take possession of all SimplexGrinnell owned equipment wherever situated and for such purpose enter upon Subscriber's property without liability for so doing;(c)By notice to Subscriber,declare immediately due and payable all moneys to be paid by Subscriber during the Primary Term or,if the Primary Term has then expired,declare immediately due and payable all moneys to be paid during any Renewal Term then in effect,and Subscriber shall thereupon be obligated to pay such moneys to SimplexGrinnell immediately.Subscriber shall in any event remain fully liable for reasonable damages as provided by law and for all costs and expenses incurred by SimplexGrinnell on account of such default including all court costs and reasonable attorneys'fees.The waiver by SimplexGrinnell of a breach of any obligation of Subscriber shall not be deemed a waiver of such obligation or any subsequent breach of the same or any other obligation.The subsequent acceptance of payment hereunder by SimplexGrinnell shall not be deemed a waiver of any prior existing breach,regardless of SimplexGrinnell's knowledge of such prior existing breach at the time of acceptance of such payments. 15.One Year Limitation on Actions.It is agreed that no suit or cause of action shall be brought against SimplexGrinnell more than one(1)year after the accrual of the cause of action therefor. Page 1358 of 1675 16.Waiver of Subrogation.Subscriber does hereby for itself and all other parties claiming under it release and discharge SimplexGrinnell frorr and against all hazards covered by Subscriber's insurance,it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against SimplexGrinnell. 17.Entire Agreement;Modification;Waiver.This writing is intended by the parties as a final expression of their Agreement and as a complete and exclusive statement of the terms thereof.This Agreement supersedes all prior representations,understandings or agreements of the parties,written or oral,and shall constitute the sole terms and conditions of sale for all equipment and services.This Agreement can be modified only in writing,signed by the parties or their duly authorized representatives.No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. 18.Choice of Law;Venue.The laws of the Commonwealth of Massachusetts shall govern the validity,enforceability and interpretation of the Agreement.It is agreed that any suit or action initiated as a result of this Agreement or in any way arising out of this Agreement or the Monitoring Services to be provided under this Agreement shall be brought in a court of competent jurisdiction within the Commonwealth of Massachusetts. Page 1359 of 1675 Effective 10/2016 SPRINKLER Sprinkler service rate (non Union) $113 Sprinkler service rate (Union)—not to exceed 1$133 SUPPRESSION AND EXTINGUISHER Suppression and extinguisher service rate $101 ALARM& DETECTION Software-based systems service rate $133 Hard-wired system systems rate $133 Hard-wired system systems rate (non-SimplexGrinnell) $133 All Labor Subiect to the Following: • Overtime Multiplier 1.50 • Doubletime Multiplier 2.0 Time Classification Start Time End Time Hourly Rate Modifier Standard time M-F 8:00 AM 5:00 PM N/A Standard after hrs M-F 5:01 PM 7:59 AM 1.5 x Saturday 8:00 AM 12:00 AM (Midnight) 1.5 x Sundays and Holidays 12:01 AM 12:00 AM (Midnight) 2 x • Minimum Charge for an Emergency and a Priority Call Is 3 Hours • Maximum Travel Charge Is 4 Hours • No Truck or Fuel Charges Permitted Page 1360 of 1675 2417 ,. a es i aisk�i t Stahl iird "e r Great Lakes 321 Detroit D $217.00 $217.00 $180.00 $141.00 Great Lakes 185 Great Lakes HQ D $217.00 $217.00 $180.00 $141.00 Great Lakes 327 Grand Rapids C $208.00 $208.00 $122.00 $133.00 Great Lakes 359 Northern Indiana B $198.00 $198.00 $127.00 $126.00 Great Lakes 514 Cincinnati C $208.00 $208.00 $135.00 $133.00 Great Lakes 515 Cleveland P $219.00 $219.00 $141.00 $141.00 Great Lakes 175 Cleveland Intl-Westfire P $219.00 $219.00 $141.00 $141.00 Great Lakes 176 Cleveland Intl Coastal-Westfire P $219.00 $219.00 $141.00 $141.00 Great Lakes 546 Pittsburgh D $244.00 $244.00 $141.00 $141.00 Great Lakes 583 Columbus D $219.00 $219.00 $143.00 $141.00 Great Lakes 584 Toledo D $219.00 $219.00 $143.00 $141.00 Midwest 320 Des Moines C $208.00 $208.00 $135.00 $133.00 Midwest 331 Indianapolis C $208.00 $208.00 $135.00 $133.00 Midwest 332 Kansas City C $208.00 $208.00 $137.00 $133.00 Midwest 333 Springfield C $208.00 $208.00 $135.00 $133.00 Midwest 354 St Louis E $226.00 $226.00 $159.00 $158.00 Midwest 362 Omaha B $198.00 $198.00 $129.00 $126.00 Midwest 375 Peoria C $208.00 $208.00 $138.00 $133.00 Midwest 472 Wichita B $198.00 $198.00 $127.00 $126.00 North Central 311 Chicago E $226.00 $226.00 $159.00 $158.00 North Central 334 Madison C $208.00 $208.00 $135.00 $133.00 North Central 336 Milwaukee W $196.00 $196.00 $140.00 $133.00 North Central 337 Minneapolis D $219.00 $219.00 $148.00 $141.00 North Central 381 Green Bay C $208.00 $208.00 $135.00 $133.00 North Central 385 Fargo C $208.00 $208.00 $135.00 $133.00 Empire&Keystone 101 Albany Q $197.00 $197.00 $131.00 $129.00 Empire&Keystone 102 Newburgh E $226.00 $226.00 $122.00 $158.00 Empire&Keystone 104 Endicott C $208.00 $208.00 $136.00 $133.00 Empire&Keystone 111 Buffalo C $208.00 $208.00 $135.00 $133.00 Empire&Keystone 153 Rochester C $208.00 $208.00 $135.00 $133.00 Empire&Keystone 162 Syracuse C $208.00 $208.00 $135.00 $133.00 Empire&Keystone 528 Harrisburg C $208.00 $208.00 $135.00 $133.00 Empire&Keystone 551 Allentown C $208.00 $208.00 $135.00 $133.00 Metro NYC 119 Long Island D $219.00 $219.00 $196.00 $144.00 Metro NYC 143 New York City D $219.00 $219.00 $198.00 $141.00 Metro NYC 140 ISPI-New York City D $219.00 $219.00 $198.00 $141.00 Metro NYC 518 North Jersey D $219.00 $219.00 $159.00 $159.00 Mid Atlantic 544 Philadelphia S $219.00 $219.00 $167.00 $133.00 Mid Atlantic 557 Wilmington D $187.00 $187.00 $143.00 $141.00 Mid Atlantic 562 Federal Solutions D $219.00 $219.00 $143.00 $141.00 Mid Atlantic 564 No.Virginia D $219.00 $219.00 $143.00 $141.00 Mid Atlantic 565 Baltimore E $226.00 $226.00 $159.00 $158.00 New England 106 Burlington V $179.00 $179.00 $154.00 $152.00 New England 108 Boston I $226.00 $226.00 $230.00 $228.00 New England 114 Nashua J $219.00 $219.00 $187.00 $185.00 New England 129 Hartford N $211.00 $211.00 $153.00 $152.00 New England 147 Portland B $198.00 $198.00 $127.00 $126.00 New England 149 Providence O $219.00 $219.00 $155.00 $141.00 New England 161 Springfield D $211.00 $211.00 $153.00 $152.00 New England 168 Worcester U $226.00 $226.00 $172.00 $170.00 Atlantic Coast 203 South Georgia D $149.00 $149.00 $122.00 $122.00 Atlantic Coast 209 Kingsport C $178.00 $178.00 $112.00 $112.00 Atlantic Coast 1 210 lCharleston C $208.00 $208.00 $135.00 $133.00 Atlantic Coast 213 Greenville C $208.00 $208.00 1 $135.001 $133.00 Atlantic Coast 216 Columbia C $208.00 $208.00 1 $135.001 $133.00 Atlantic Coast 217 1 Myrtle Beach B $198.00 $198.00 1 $127.001 $126.00 Page 1361 of 1675 Atlantic Coast 250 Raleigh C $208.00 $208.00 $135.00 $133.00 Atlantic Coast 252 Richmond D $219.00 $219.00 $143.00 $141.00 Atlantic Coast 260 Charlotte C $208.00 $208.00 $135.00 $133.00 Atlantic Coast 286 Greensboro C $208.00 $208.00 $135.00 $105.00 Atlantic Coast 293 Roanoke B $198.00 $198.00 $127.00 $126.00 Atlantic Coast 295 Norfolk C $208.00 $208.00 $135.00 $133.00 Atlantic Coast 298 Hickory C $208.00 $208.00 $135.00 $133.00 Atlantic Coast 299 Ashville C $178.00 $178.00 $112.00 $112.00 Gulf Coast 205 Birmingham C $208.00 $208.00 $135.00 $133.00 Gulf Coast 206 Montgomery C $208.00 $208.00 $135.00 $133.00 Gulf Coast 222 Mobile C $208.00 $208.00 $135.00 $133.00 Gulf Coast 262 W Palm Beach C $208.00 $208.00 $135.00 $133.00 Gulf Coast 263 Miami D $219.00 $219.00 $143.00 $141.00 Gulf Coast 264 Jacksonville C $208.00 $208.00 $135.00 $133.00 Gulf Coast 266 Tallahassee D $172.00 $172.00 $133.00 $133.00 Gulf Coast 269 New Orleans C $208.00 $208.00 $135.00 $133.00 Gulf Coast 287 Shreveport C $208.00 $208.00 $135.00 $133.00 Gulf Coast 291 Orlando D $193.00 $193.00 $128.00 $128.00 Gulf Coast 292 Tampa D $208.00 $208.00 $133.00 $133.00 Gulf Coast 294 Jackson C $208.00 $208.00 $135.00 $133.00 Gulf Coast 297 Ft Myers C $193.00 $193.00 $128.00 $128.00 South 201 Certified Fire D $193.00 $193.00 $129.00 $122.00 South 202 Atlanta D $193.00 $193.00 $129.00 $122.00 South 207 Huntsville B $198.00 $198.00 $108.00 $108.00 South 232 Lexington C $208.00 $208.00 $135.00 $133.00 South 233 Louisville C $208.00 $208.00 $135.00 $133.00 South 235 Memphis C $208.00 $208.00 $135.00 $133.00 South 270 Little Rock C $208.00 $208.00 $135.00 $133.00 South 288 Chattanooga B $198.00 $198.00 $108.00 $108.00 South 289 Nashville C $208.00 $208.00 $108.00 $133.00 South 290 Knoxville C $187.00 $187.00 $116.00 $112.00 South 324 Evansville C $208.00 $208.00 $135.00 $133.00 South 512 Charleston C $208.00 $208.00 $135.00 $133.00 Texas&Oklahoma 404 Lubbock D $219.00 $219.00 $143.00 $141.00 Texas&Oklahoma 405 Fort Worth D $219.00 $219.00 $143.00 $141.00 Texas&Oklahoma 407 Dallas D $219.00 $219.00 $143.00 $141.00 Texas&Oklahoma 477 Dallas-Westfire D $219.00 $219.00 $143.00 $141.00 Texas&Oklahoma 430 Houston D $219.00 $219.00 $143.00 $141.00 Texas&Oklahoma 441 Tulsa C $208.00 $208.00 $135.00 $133.00 Texas&Oklahoma 442 Oklahoma City C $208.00 $208.00 $135.00 $133.00 Texas&Oklahoma 492 San Antonio D $219.00 $219.00 $143.00 $141.00 Texas&Oklahoma 493 Corpus Christi C $208.00 $208.00 $135.00 $133.00 Texas&Oklahoma 494 Austin D $219.00 $219.00 $143.00 $141.00 Northwest 412 Santa Rosa E $226.00 $226.00 $159.00 $158.00 Northwest 415 Fairbanks,AK E $159.00 $159.00 $159.00 $144.00 Northwest 417 San Francisco H $236.00 $236.00 $178.00 $176.00 Northwest 411 San Francisco Shell H $236.00 $236.00 $178.00 $176.00 Northwest 444 Boise A $137.00 $137.00 $117.00 $133.00 Northwest 448 Portland, OR E $226.00 $226.00 $159.00 $158.00 Northwest 449 Anchorage,AK E $159.00 $159.00 $159.00 $144.00 Northwest 454 Reno C $199.00 $199.00 $141.00 $133.00 Northwest 455 Sacramento D $219.00 $219.00 $143.00 $141.00 Northwest 458 Seattle H $210.00 $210.00 $178.00 $176.00 Northwest 478 Seattle-Westfire H $210.00 $210.00 $178.00 $176.00 Northwest 463 Juno E $159.00 $159.00 $159.00 $144.00 Northwest 1 479 ISpokane I C $208.001 $208.00 1 $135.001 $133.00 Northwest 483 Helena D $219.00 $219.00 $143.00 $141.00 Southern California 413 Fresno G $219.00 $219.00 $150.00 $148.00 Southern California 434 Los Angeles H $228.00 $228.00 $178.00 $176.00 Page 1362 of 1675 Southern California 435 Las Vegas M $236.00 $236.00 $178.00 $176.00 Southern California 436 Inland Empire E $226.00 $226.00 $159.00 $158.00 Southern California 437 Ventura G $236.00 $236.00 $178.00 $148.00 Southern California 480 San Diego H $236.00 $236.00 $178.00 $176.00 Southern California 499 Honolulu K $220.00 $220.00 $170.00 $169.00 Southwest 419 Denver F 1 $174.00 $174.00 $131.00 $141.00 Southwest 474 Denver-Westfire F $174.00 $174.00 $131.00 $141.00 Southwest 421 Colorado Springs T $174.00 $174.00 $131.00 $142.00 Southwest 445 Phoenix R $187.00 $187.00 $118.00 $173.00 Southwest 475 Phoenix-Westfire R $187.00 $187.00 $118.00 $173.00 Southwest 1 446 ITucson B $147.00 $147.00 1 $108.001 $126.00 Southwest 456 Salt Lake City D 1 $198.00 $198.00 $150.00 $148.00 Southwest 476 ISalt Lake City-Westfire D 1 $198.00 $198.00 $150.00 $148.00 Southwest 467 jAlbuquerque C 1 $150.00 $150.00 $117.00 $133.00 Page 1363 of 1675 NJPA Extinguisher/Emergency Light Pricing Item Description Price New Extinguishers EX1010 10 LB. ABC dry chemical fire extin uisher $77.24 EX1020 20 LB. ABC dry chemical fire extinguisher $124.74 EX1050 5 LB. ABC dry chemical fire extinguisher $59.86 EX1110 10 LB. CO2 fire extinguisher $211.68 EX1115 15 LB. CO2 fire extinguisher $238.14 EX1150 5 LB. CO2 fire extinguisher $137.34 EX1210 10 LB. FE36 Clean-Guard fire extinguisher $418.00 EX1214 13 LB. FE36 Clean-Guard fire extinguisher $630.00 EX1250 5 LB. FE36 Clean-Guard fire extinguisher $208.00 EX1425 2'/2 GAL. Pressurized water fire extinguisher $120.00 EX1560 6L K-Class fire extinguisher $210.00 Extinguisher Recharges EX3010 RECHARGE 10 LB. D/C EXT $21.00 EX3020 RECHARGE 20 LB. D/C EXT $31.00 EX3021 RECHARGE 5 LB. CO2 EXT $11.70 EX3025 RECHARGE 2'/2 LB. D/C EXT $9.36 EX3050 RECHARGE 5 LB. D/C EXT $13.68 EX3060 RECHARGE K CLASS EXT $75.00 EX3110 RECHARGE 10 LB. CO2 EXT $15.12 EX3115 RECHARGE 15 LB. CO2 EXT $16.56 EX3120 RECHARGE 20 LB. CO2 EXT $22.32 EX3200 RECHARGE PRESSURIZED WATER EXT $11.00 Extinguisher Maintenance EX2060 SIX YEAR MAINTENANCE $6.00 EX2080 HYDROTEST CO2 UP TO 20 LB EXT $17.71 EX2084 HYDROTEST STORED PRESSURE TYPE EXT $14.00 EX2089 HYDROTEST WATER TYPE EXT $14.00 Extinguisher Parts EX4001 LOCKING PIN $2.25 EX4002 VERIFICATION COLLAR $3.16 EX4004 TAMPER INDICATING DEVICE $1.25 EX4005 VALVE STEM $11.44 EX4100 VALVE RETAINER SEAL O-RING $4.95 EX4200 GAUGE $11.50 EX4412 CO2 SAFETY RELEASE DEVICE $15.00 EX5002 DECAL INSTRUCTIONAL $1.75 EX5003 DECAL OSHA/HAZMAT/DOT $1.75 EX5100 SIGN- FIRE EXT SELF-ADHESIVE $3.95 EX5102 SIGN FIRE EXT STANDOUT $16.98 EX5200 HANGER-FIRE EXT ALL MODELS $5.50 EX5503 BRACKET ECONOMY $19.50 EX5504 BRACKET HEAVY DUTY $45.00 EX2017 HAZARDOUS MATERIAL HANDLING FEE $25.00 Emergency Lights EE6101 4V 4.6AH BATTERY $50.00 EE6102 4V 10AH BATTERY $50.00 EE6103 6V 4AH BATTERY $50.00 EE6104 6V 7AH BATTERY $61.00 EE6105 6V 8AH BATTERY $55.00 EE6106 6V 10AH BATTERY $50.00 EE6107 6V 20AH BATTERY $121.00 EE6108 6V 36AH BATTERY $145.00 EE6109 12V 32AH BATTERY $165.00 EE6110 12V 55AH BATTERY $195.00 EE6201 AC BULB $9.45 EE6202 DC BULB $6.30 EE6203 ISEALED BEAM BULB $22.50 EE6204 I FLUORESCENT BULB $12.95 EE6205 LED BULB $35.00 Page 1364 of 1675 ty National Joint P( ® Date: nnell Customer Name: Location Name: Location Address: Contact Name: Contact Phone: Contact Email: Sales Representative: Branch: COVERED EQUIPMENT: NON-RECCURING SERVICES Quantity: Monitoring Setup and Installation One-time configuration and connection charge 0 Monitoring equipment and installation includes digital communicator and programming 0 Fire Damper and Doors Smoke/Fire Damper Inspections 0 Fire Door Inspections 0 Rolling Fire Doors Inspections 0 Actuators 0 Smoke/Fire Damper Minimum Fee To be used if the total of fire dampers and doors does not equal ($2,185.00) . If the minimums are not met, line item quantities should be removed and just select yes on line 43. No Smoke/Fire Damper Inspections (Pricing W AK, HI) 0 Fire Door Inspections (Pricing for AK, HI) 0 Rolling Fire Doors Inspections(IPricingWAK, HI) 0 Actuators (Pricing for AK, HI) 0 Smoke/Fire Damper Minimum Fee To be used if the total of fire dampers and doors does not equal ($5,175.00) . If the minimums are not met, line item quantities should be removed and just select yes on line 48. (pricingWAK, HI) No One-Time Cost Sprinkler System (5 Year Inspect) Quantity: FDC 5-Year Certification Test-(1) Riser& (1) FDC 0 5 Year Obstruction/Investigaction - Risers 0 Lift rental (enter number of days) 0 Obstruction/Investigation - In the State of California No Page 1365 of 1675 5 Year Cost Additional Tech Time 0 0 Customer Training Center 5 Day Security System Administrator Training (PID: 9500-0057) 0 3 Day Service And Maintenance Training (PID: 9500-0058) 0 2 Day Integrated System Upgrade Training (PID: 9500-0059) 0 4 Day Integrated Security System Admin Training (PID: 9500-0129) 0 2 Day ID Badge Training (PID: 9500-0127) 0 2 Day ID Badge Training (PID: 9500-0144) 0 2 Day Integrated Graphical Maps Training (PID: 9500-0141) 0 2 Day Integrated CCTV Control Training (PID: 9500-0128) 0 4 Hours Of Integrated System Training (PID: 9500-0145) 0 1 Day Integrated Security System Pre-Delivery Svcs (PID: 9500-0146) 0 4 Hour Integrated Security System Programming (PID: 9500-0147) 0 6 Day Enhanced Security Training (PID: 9500-0148) 0 Training Guide (PID: 3700-9315) 0 Reduction Training Total Cost Insert addt7 services Customer Signature: Date : Total non-recurring cost Page 1366 of 1675 )wers Alliance #031517-SGL �AR ''e oNJPA- Frequency: One-Time $0.00 $0.00 Inspect Month: $0.00 Page 1367 of 1675 $0.00 Sprinkler $0.00 $0.00 $0.00 Page 1368 of 1675 NJPA Premier Communication Standards EMERGENCY CALL: System/unit is not operational and backup system/unit is not available.Life safety and property protection is non-existent or property assets are in imminent danger of significant damage. • Technician will be dispatched within 3 hours,unless a different time frame is required by applicable law PRIORITY CALL System/unit is operational and maintenance or service work is required to maintain system/unit integrity. • Technician will be on site within 24 hours THREE DAY SERVICE CALL System/unit is operational;general repair is required. •Technician will be on site within three(3)business days SCHEDULED CALL System/unit is operational;planned appointment for inspection,maintenance,and/or service work. • Technician will be on site within fourteen(14)calendar days ALL SERVICE RATES WILL BE BILLED ACCORDING TO NJPA PREFERRED HOURLY SERVICE RATES Minimum charge for an Emergency and a Priority Call is 3 hours Maximum travel charge is 4 hours Overtime fees prevail before 7:OOAM or after 4:30 PM and double time fees prevail on weekends and holidays Page 1369 of 1675 7.C. BIDS AND PURCHASES OVER$100,000 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Award Bid No. 010-2512-18/IT to the two (2) lowest responsive and responsible bidders, Atlantic Southern Paving and Sealcoating, LLC of Sunrise, Florida as Primary Vendor and M&M Asphalt Maintenance Inc. d/b/a All County Paving of Delray Beach, Florida as Secondary Vendor, for Asphalt and Sidewalk Restoration, in the estimated annual amount of$3,000,000.00. The initial contract period starts on the date of award and terminates one year from that date contingent upon receipt and approval of insurance and applicable payment and performance guaranties. EXPLANATION OF REQUEST: Initial Bid Term: August 8, 2018 -August 7, 2019 The purpose of this contract is to provide asphalt and sidewalk rehabilitation and associated work on an as needed basis per the specifications and requirements as defined within the bid documents. It is intent of the City to place order with the lowest priced bidder, designated as the Primary Vendor; the next low bidder will be designated as the Secondary Vendor. Purchase Orders issued under the Secondary award will be issued when the Primary Vendor voluntarily defers the Work, when the Primary Vendor is unable to perform or when the City determines that the Primary Vendor's maximum service capacity has been reached (based upon outstanding City Purchase Orders) and additional service capacity is still needed by the City to meet City's service timeframes. In the next 12 months, it is anticipated that Public Works Engineering, Utilities, and Facilities will use this contract for approximately $3 million worth of road and sidewalk rehabilitation/repairs, parking lot sealcoating and parking lot construction. On June 15, 2018, the City opened a total of six (6) submittals to this Bid. The submittal from Florida Blacktop, Inc. was deemed non-responsive for not meeting the minimum licensing requirements of the Bid. The submittal from Janice M. Riley, Inc. dba The Paving Lady was deemed non-responsive for failure to return Addendum No. 1 as required by the Bid. In accordance with the terms and conditions of the Bid, the City reserves the right to make multiple awards for this Bid and to award to the vendor(s) whose bid represents the most advantageous bid to the City, price and other factors considered. Awards may be made to a maximum of two (2) responsive, responsible bidders on an iterrFby-item basis or for all items, whichever is in the City's best interest. In order to establish the lowest responsive and responsible bidders for award of this Bid, Public Works Engineering staff took what they estimated to be a typical project for the City and entered each vendors unit price into a quantity take off for that project. The results showed that Atlantic Southern Paving and Sealcoating was the low responsive bidder (primary) and M&M Asphalt Maintenance, Inc. dba All County Paving was the second low responsive bidder (secondary). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Many of the City's roads are over 20 years old and have exceeded their service life expectancy. As these roads age, they are requiring more maintenance (i.e. pothole and crack repairs). The award of this bid will Page 1370 of 1675 allow staff to begin the process of rehabilitating the City's roads and thus add 15+ years to the road's service life and reducing maintenance costs. With less maintenance, staff time can be directed towards other facility maintenance projects. FISCAL IMPACT: Each requirement processed against this open-end contract will be funded by the appropriate funding source at the time of release. ALTERNATIVES: Reject all bids received. Resolicit the requirement. Require staff to perform these services in-house. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Tab Sheets id Tabulation -Asphalt and Sidewalk Rehabilitation D Bid Price Analysis-Asphalt and Sidewalk Rehabilitation Bid Advertised Bid -Asphalt and Sidewalk Rehabilitation D Bid Bid Attachment A- Technical Specifications D Bid Addendum No. 1 to Bid D Bid Addendum No. 2 to Bid Page 1371 of 1675 63 'IT ! 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A �tt)A v lk ry tr? tVltr�rl} V i r)� S \ \ fjs t 4)hl}`}1'tt lll�srtr}� uw�fJ i(ititt} itPii��3?`r{'' S(1}fit �11v�11��\vv�`12,1��t�+ytrsE 0i 3 �1ts�te'nlvr? `;{hi1\Z\V1�r\isfs��,illltt s t�\t`is}p�tiitl }t1j}5}tl1s�� t!\�t lis, `t}r4R,. v�ly��l1V�3��{Sbv}�ltl si(ijtyts , £ (S\�iii�\i�tiEl'i�l�i�\sliti4�\Sr�\} t} v�l S��,V\)t jr Itis} rr3}1 �ls�litis\.,} }V(r t is1t11\}viis�t,')1f, 4i 4rIS£;;t t}}s ti\1(ty)1 Ai tttp 3�y'\ S4i\tt� l}i4tl tVvll�ti 1l�tl il�� tejlli,F, 100229251.2 306-9001821} Page 1374 of 1675 The City of Boynton Beach Purchasing Services 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6323 FAX. (561)742-6316 INVITATION TO BID FOR ASPHALT AND SIDEWALK REHABILITATION BID No.: 010-2512-18/IT Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: JUNE 15 , 2018; No Later Than 2:30 P.M. (Local Time). Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid, whichever is sooner. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING / CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or BID NO. 010-2512-18/IT—ASPHALT AND SIDEWALK REHABILITATION 100229251.2 306-9001821} 1 Page 1375 of 1675 member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: triestmanip—bbfl.us BASIC SCOPE OF SERVICES: Asphalt and sidewalk rehabilitation and associated work on an as needed basis per Specifications. Contractors must have a current and valid Florida Certified General Contractors License at the time of bid submittal. A Pre-Qualification Letter from the Florida Department of Transportation (FDOT) may be substituted for this requirement. Contact: City of Boynton Beach Purchasing Services 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Ilyse Triestman, Purchasing Manager (561) 742-6322 or triest an bbfl,us Office Hours: MONDAY— FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH _ TIM W. HOWARD ASSISTANT CITY MANAGER—ADMINISTRATION DIRECTOR OF FINANCIAL SERVICES BID NO. 010-2512-18/IT—ASPHALT AND SIDEWALK REHABILITATION {00229251.2 sob-9001821} 2 Page 1376 of 1675 INVITATION TO BID FOR ASPHALT AND SIDEWALK REHABILITATION BID No.: 010-2512-18/IT Section 1 — SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until JUNE 15, 2018 at 2:30 P.M. (LOCAL TIME) in Purchasing Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, Boynton Beach, FL. 33435. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purchasing Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the bid response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their bid response. D. One (1) original, so marked, and two (2) copies, of the bid response shall be submitted in one sealed package clearly marked on the outside "INVITATION TO BID FOR ASPHALT AND SIDEWALK REHABILITATION" to: City of Boynton Beach, Purchasing Services, P.O. Box 310, 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425-0310. E. Responses shall clearly indicate the legal name, address and telephone number of the bidder (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. BID NO. 010-2512-18/IT—ASPHALT AND SIDEWALK REHABILITATION {00229251.2 sob-9001821} 3 Page 1377 of 1675 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. MINOR IRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, Bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. BID NO. 010-2512-18/IT—ASPHALT AND SIDEWALK REHABILITATION {00229251.2 sob-9001821} 4 Page 1378 of 1675 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". BID NO. 010-2512-18/IT—ASPHALT AND SIDEWALK REHABILITATION {00229251.2 sob-9001821} 5 Page 1379 of 1675 SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. BID NO. 010-2512-18/IT—ASPHALT AND SIDEWALK REHABILITATION {00229251.2 sob-9001821} 6 Page 1380 of 1675 NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this submittal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. PUBLIC ENTITY CRIMES: As provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from BID NO. 010-2512-18/IT—ASPHALT AND SIDEWALK REHABILITATION {00229251.2 sob-9001821} 7 Page 1381 of 1675 and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be BID NO. 010-2512-18/IT-ASPHALT AND SIDEWALK REHABILITATION 100229251.2 306-90018211 8 Page 1382 of 1675 computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the PUBLIC WORKS DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Manager and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. BID NO. 010-2512-18/IT-ASPHALT AND SIDEWALK REHABILITATION 100229251.2 306-90018211 9 Page 1383 of 1675 PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 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 QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to (lyse Triestman, Purchasing Manager, Monday through Friday, 8:00 A.M. to 5:00 P.M. at (561) 742-6322; E-mail triestmani(MbbfLus BID NO. 010-2512-18/IT-ASPHALT AND SIDEWALK REHABILITATION 100229251.2306-90018211 10 Page 1384 of 1675 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. BID NO. 010-2512-18/IT—ASPHALT AND SIDEWALK REHABILITATION 100229251.2 sob-9001821} 11 Page 1385 of 1675 SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose and intent of this invitation to bid is to secure firm fixed pricing and establish a bid term for asphalt and sidewalk rehabilitation and associated work on an as needed basis per the specifications and requirements as defined herein. Contractors must have a current and valid Florida Certified General Contractors License at the time of bid submittal. A Pre-Qualification Letter from the Florida Department of Transportation (FDOT) may be substituted for this requirement. The maximum total value of this contract shall not exceed $3,000,000. BID TERM: The initial term of the Bid awarded shall be for one (1) year from the effective date of the bid award and by mutual agreement between the City and the awardee(s), may be renewable for two (2) additional one (1) year periods. The City reserves the right to exercise the option to renew annually. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. COST ADJUSTMENTS: Prices quoted shall be firm for the initial bid term. No cost increases shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Cost increases for any extension terms shall be subject to City approval. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the bid term anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved bid extension. The City, may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date. AWARD: For the purpose of award, the City will consider as the bid the correct summation of each unit price multiplied by the estimated quantities or the submitted total of all line items at the City's sole discretion and in the City's best interest. The City may award based on the basis of quantities included in the BASE BID or quantities included in the base bid plus bid alternatives, if any, and/or number of days to complete, at the City's sole discretion. MULTIPLE AWARDS: The City reserves the right to make multiple awards for this Bid. Awards may be made to a maximum of two (2) responsive, responsible bidders on an item by item basis or for all items, whichever is in the City's best interest. In the event the City exercises this right, the low responsive, responsible bidder will be designated as the Primary contractor, and the next low responsive bidder will be designated as the Secondary Contractor for the item(s) recommended for award. Purchase Orders issued under the Secondary Bid award will be issued when the Primary Contractor voluntarily defers the Work, when the Primary Contractor is unable to perform or when the City determines that the Primary Contractor's maximum service capacity has been reached (based upon outstanding City Purchase Orders.) and additional service capacity is still needed by the City to meet City's service timeframes. BID NO. 010-2512-18/IT-ASPHALT AND SIDEWALK REHABILITATION 100229251.2306-90018211 12 Page 1386 of 1675 In the event the second low responsive bidder does not accept the City's offer, the City expressly retains the right to award the Secondary Contract to the third, fourth, fifth, etc., responsive, responsible bidder. BID GUARANTY/BID BOND: All bids shall be accompanied by an acceptable 5% bid bond, cash, certified check, or money order if the bid amount exceeds $25,000.00. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida for purposes of service of process. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. Guarantee of the successful bidder shall be forfeited to the City upon the successful bidder's failure or refusal to execute and deliver the Contract and bonds required within ten (10) days after he has received the Contracts for execution, not as a penalty, but as liquidated damages for the costs and expense incurred should said bidder fail to submit satisfactory surety or fail to comply with any other requirements of the specifications or of his bid. Such, checks or Bid Bonds will be returned to all except the awarded vendor after Commission award. The awarded vendor's bid bond will be returned upon receipt of: Payment Bond, Public Construction Bond, Contract, and insurance requirements. PUBLIC CONSTRUCTION BOND: GENERAL REQUIREMENTS To ensure faithful performance of each and every conditions, stipulation and requirement of the Bid documents and to indemnify and save harmless the City from any and all damages, either directly or indirectly, arising out of any failure to perform same, upon award, furnish to the City and maintain in effect throughout the life of the Contract, an acceptable Public Construction Bond (Surety Bond) for approve by the City, as provided below. Obtain a Surety Bond that has a registered agent in the State of Florida, meets all of the requirements of the laws of Florida and the regulations of the City, including having a currently valid certificate of authority issued by the United States Department of the Treasury under 31 U.S.C. 9304-9308, and have the City's approval. Ensure that the Surety Bond's resident agent's name, address, and telephone number is clearly stated on the face of the Surety Bond. The Surety Bond shall be furnished on forms attached hereto or standard AIA forms. The Contractor(s) shall verify at the time of award, the acceptability of the surety provided thereunder. Contractor(s) shall not commence any work prior to furnishing to the City an acceptable Surety Bond. WORK ORDER FOR LESS THAN $200,000 For each work order in an amount less than $200,000, furnish to the City and maintain in effect throughout the duration of the work order, a Surety Bond in the amount of $50,000, as security for faithful performance of work order(s) and for the payment of all persons performing labor and furnishing materials in connection therewith. In the event that the amount of a proposed work order exceeds the amount of the Surety Bond, furnish additional Surety Bond, in increments of $50,000, so that the total amount of the Surety Bond(s) exceeds the amount of all work orders. BID NO. 010-2512-18/IT-ASPHALT AND SIDEWALK REHABILITATION 100229251.2306-90018211 13 Page 1387 of 1675 WORK ORDER FOR $200,000 OR MORE For each work order in the amount of $200,000 or more, furnish to the City and maintain in effect throughout the duration of the work order, an acceptable Surety Bond in an amount at least equal to the amount of the total work order, as security for faithful performance and for the payment of all persons performing labor and furnishing materials in connection therewith. RECORDING OF CONTRACT BOND Before commencing the work, Contractor(s) shall provide to City a certified copy of the recorded bond(s). City may not make any payment to Contractor until Contractor has complied with this requirement. POWER OF ATTORNEY: Attorneys-in-fact who sign Bid Bonds or Contract Bonds shall file with each bond an original, certified and dated copy of their power of attorney. QUALIFICATION OF SURETY: The Bid Bond and the Public Construction Bond shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a resident agent in the State of Florida for purposes of service of process. The surety company shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance with U.S. Department of Treasury Circular 570, current revision, or meet the criteria established as to acceptable surety companies by the Board of Commissioners of State Institutions, March 18, 1958, or the equivalent thereof. A surety shall be deemed not qualified if the surety shall have a receiver appointed for it, or if it shall declare or file or has filed for bankruptcy. SUBCONTRACTS: If a bidder subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contracted on the enclosed "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a Subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a Subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority" for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. BID NO. 010-2512-18/IT-ASPHALT AND SIDEWALK REHABILITATION 100229251.2306-90018211 14 Page 1388 of 1675 SCRUTINIZED COMPANIES LIST: Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitted a response to a City of Boynton Beach solicitation for goods or services in an amount equal to or greater than $1 million. Therefore, if applicable, each company submitting a response to a solicitation must certify to the City that it is not on either list at the time of submitting a bid. The certification form will only be attached to a solicitation if the estimated purchase amount is $1 million dollars or greater and should be submitted at the time of submitting a response; if not submitted with the bid it must be furnished within three (3) business days after request by the Purchasing Manager but prior to recommendation of award to the City Commission. Under the circumstances, the City estimated purchase amount is no greater than $1 million dollars, but resulting contract is $1 million dollars or greater, the City will exercise the right to require firm to submit the certification form by the imposed deadline. In either case, failure to timely provide the certification shall deem the submittal non-responsive. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. BID NO. 010-2512-18/IT-ASPHALT AND SIDEWALK REHABILITATION 100229251.2306-90018211 15 Page 1389 of 1675 TECHNICAL SPECIFICATIONS AND REQUIREMENTS Technical Specifications and Requirements are attached herewith as Attachment "A." 100229251.2306-90018211 16 Page 1390 of 1675 Attachment "B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+"or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor) The following is a list of types of insurance required of contractors,lessees, etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined 100229251.2306-90018211 17 Page 1391 of 1675 BIDDER ACKNOWLEDGEMENT Submit Bids To: PURCHASING SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 Bid Title: "ASPHALT AND SIDEWALK REHABILITATION" Bid Number: 010-2512-18/IT Bid Due: JUNE 15, 2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: E-Mail Address: Authorized Signature Name Typed {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page IP392 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET TO: CITY OF BOYNTON BEACH The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate sheet for each. BASIS FOR AWARD:Award will be made to the lowest responsive, responsible bidder(s) on an item-by-item basis or by Total Bid bid amount,whichever is in the City's best interest. In accordance with the General Conditions, Special Conditions, Technical Specifications and Requirements, the undersigned bidder offers pricing and services as follows: Maintenanceof Traffic EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 1 Furnish and install steel traffic plates EA 3 $ $ for 12-ft wide traffic lane - daily rate 2 Furnish and install steel traffic plates EA 3 $ $ for 12-ft wide traffic lane -weekly rate Type I barricade per FDOT Standate 3 Index No. 600 — Provide for project EA 20 $ $ duration up to 14 days Type I barricade per FDOT Standate 4 Index No. 600 — Provide for project EA 20 $ $ duration up to 30 days Type 11 barricade per FDOT Standate 5 Index No. 600 — Provide for project EA 20 $ $ duration up to 14 days Type 11 barricade per FDOT Standate 6 Index No. 600 — Provide for project EA 10 $ $ duration up to 30 days Type III barricade per FDOT Standate 7 Index No. 600 — Provide for project EA 20 $ $ duration up to 14 days Type III barricade per FDOT Standate 8 Index No. 600 — Provide for project EA 10 $ $ duration up to 30 days {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 Page 1393 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) Maintenance of Traffic EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL Furnish and install temporary concrete 9 barrier wall - provide for project duration LF 25 $ $ up to 14 days Furnish and install temporary concrete 10 barrier wall - provide for project duration LF 25 $ $ up to 30 days Furnish and install temporary plastic 11 (water filled) barrier wall, 42" high — LF 25 $ $ provide for project duration up to 14 days Furnish and install temporary plastic 12 (water filled) barrier wall, 42" high — LF 25 $ $ provide for project duration up to 30 days 13 Portable 6 KW tower light (including EA 3 $ $ power source as required) — daily rate 14 Portable 6 KW tower light (including EA 3 $ $ power source as required) —weekly rate Portable 6 KW tower light (including 15 power source as required) — monthly EA 3 $ $ rate 16 Portable Changeable Message Sign ED 1 $ $ PCMS 17 Portable Advance Warning Arrow Panel ED 1 $ $ {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 Page 1394 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) Earthwork and Site Restoration EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 18 Clearing and grubbing AC 0.1 $ $ 19 Remove and dispose of unsuitable CY 50 $ $ material 20 Import suitable fill material - in-place CY 50 $ $ 21 Staked silt fence LF 1,000 $ $ 22 Straw Bales (18X18X36) EA 100 $ $ 23 Sod, bahia SY 200 $ $ 24 Sod, floritam SY 200 $ $ 25 Floating Turbidity Barrier LF 200 $ $ Pavin and Concrete EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 26 12" Stabilized Subgrade (min. Ibr of SY 850 $ $ 40 27 6" Limerock base (min. Ibr of 100), SY 850 $ $ including rime coat Each additional 2" Limerock base $ $ 28 (min. Ibr of 100), including prime SY 850 coat 29 Premium Sealcoat (up to 5,000 sf SF 507000 $ $ 30 Premium Sealcoat (5,000 sf— SF 507000 $ $ 10,000 sf 31 Premium Sealcoat (10,000 sf— SF 507000 $ $ 20,000 s 32 Premium Sealcoat (20,000 sf— SF 507000 $ $ 50,000 s 33 Premium Sealcoat (50,000 sf or SF 507000 $ $ greater) {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 Page 1395 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET Continued Pavin and Concrete EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 1" Type S-III Asphaltic Concrete 34 place by paving machine, including TON 90,000 $ $ tack material & compaction (0 ton to 10 ton assignments) Each Additional 1/2" Type S-III Asphaltic Concrete place by paving $ $ 35 machine, including tack material & TON 45,000 compaction (0 ton to 10 ton assignments) 1" Type S-III Asphaltic Concrete 36 place by paving machine, including TON 90,000 $ $ tack material & compaction (10 ton to 50 ton assignments) Each Additional 1/2" Type S-III Asphaltic Concrete place by paving $ $ 37 machine, including tack material & TON 45,000 compaction (10 ton to 50 ton assignments) 1" Type S-III Asphaltic Concrete 38 place by paving machine, including TON 90,000 $ $ tack material & compaction (51 ton to 150 ton assignments) Each Additional 1/2" Type S-III Asphaltic Concrete place by paving $ $ 39 machine, including tack material & TON 45,000 compaction (51 ton to 150 ton assignments) 1" Type S-III Asphaltic Concrete 40 place by paving machine, including TON 90,000 $ $ tack material & compaction (151 ton to 499 ton assignments) Each Additional 1/2" Type S-III Asphaltic Concrete place by paving $ $ 41 machine, including tack material & TON 45,000 compaction (151 ton to 499 ton assignments) 1" Type S-III Asphaltic Concrete 42 place by paving machine, including TON 90,000 $ $ tack material & compaction (500 ton or greater assignments) {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 Page 1396 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) Pav ng and Concrete EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL Each addt'I. 1/2" Type S-III Asphaltic 43 Concrete place by paving machine, TON 45,000 $ $ incl. tack material & compaction (500 ton or greater assignments) 2' wide paved shoulder, 3" thick Type 44 S-III asphaltic Concrete placed on 6" LF 300 $ $ base course, including excavation, compaction & material removal Asphalt SP-9.5 Asphaltic Concrete 45 hot mix, plant pick up by City during CY 5 $ $ normal batching operations 1" Average thinckness - Roadway Milling, incl. mobilization, MOT & all $ $ 46 incidental work & equip. to include SY 12,200 hauling off stockpiling, or otherwise disposing of material. 4ft wide and 6 in thick shellrock 47 shoulder installed flush with edge of LF 200 $ $ pavement includes excavations 48 Sawcut and Remove 1.5" of Asphalt SY 500 $ $ 49 Sawcut, Remove and Replace 1.5" of SY 5,000 $ $ Asphalt 50 Each additional 1" of Sawcut, SY 350 $ $ Remove and replacement of asphalt. 51 Sawcut, remove and replace 8 ft wide LF 300 $ $ asphalt path {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 Page 1397 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) Pavement Marking and Sigage - `rice includes temporary markings EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 52 Thermo Plastic (Yellow Solid 6") LF 10,000 $ $ 53 Thermo Plastic (White Solid 6" ) LF 10,000 $ $ 54 Thermo Plastic (Yellow Solid 8" ) LF 500 $ $ 55 Thermo Plastic (White Solid 8" ) LF 500 $ $ 56 Thermo Plastic (Yellow Solid 10" ) LF 500 $ $ 57 Thermo Plastic (White Solid 10" ) LF 500 $ $ 58 Thermo Plastic (White Solid 12") LF 1,000 $ $ 59 Thermo Plastic (White Solid 18") LF 1,000 $ $ 60 Thermo Plastic (Yellow Solid 18") LF 1,000 $ $ 61 Thermo Plastic ( White Solid 24") LF 1,000 $ $ 62 Thermo Plastic ( Arrows) 8ft high EA 25 $ $ 63 Thermo Plastic ( Arrows) 1 part EA 25 $ $ 64 Thermo Plastic ( Stencil "RR" at EA 10 $ $ Railroad Crossings) 65 Thermo Plastic ( Stencil "SCHOOL" EA 10 $ $ 8ft high) 66 Thermo Plastic ( Stencil "MERGE") EA 5 $ $ 67 Thermo Plastic ( Stencil "Arrow" in EA 10 $ $ Bicycle Lane ) 68 Thermo Plastic (Handicap symbol) EA 10 $ $ 69 Thermo Plastic ( Stencil "Diamond" in EA 10 $ $ Bicycle Lane ) 70 Thermo Plastic ( Stencil "ONLY" 8ft EA 5 $ $ high) {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 Page 1398 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) Pavement Marking and Signage - `rice includes#ern ora ` markings EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 71 Sharrows (Per FDOT standards) EA 30 $ $ 72 Retro Reflective Pavement Markers EA 500 $ $ -Y/Y (remove and replace) 73 Retro Reflective Pavement Markers EA 500 $ $ - W/R (remove and replace) 74 Single Post Sign (up to 36" x 36") EA 30 $ $ 75 Single Post, two signs (up to 36" x EA 10 $ $ 36 76 Remove sign post EA 20 $ $ 77 Remove, store and reinstall sign EA 20 $ $ and post 78 Remove Existing Theromplastic LF 150 $ $ Pavement Markings H droblast Make and install Street Name Sign 79 per MUTCD and City Standards on EA 100 $ $ sign (post not included) Concrete -excavation and haul-off to be included in cost EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 80 FDOT Index 304 Handicapped EA 30 $ $ Sidewalk (with detectable warning) 81 Concrete Curb " Type D" LF 1,000 $ $ Minimum assignments of 50 LF 82 Concrete Curb " Type F " LF 1,000 $ $ Minimum assignments of 50 LF 83 Valley Gutter Curb - Minimum LF 1,000 $ $ assignments of 50 LF 84 12" Concrete Header Curb - LF 1,000 $ $ Minimum assignments of 50 LF Concrete, 4" thick concrete 85 sidewalk including formwork, sod SF 1,500 $ $ removal & disposal (20 to 100 SY assignments)(3000 PSI W/Fiber) {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 Page 1399 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) Concrete -excavation and haul-off to be included in cost EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL Concrete, 4" thick concrete 86 sidewalk including formwork, sod SF 1,000 $ $ removal & disposal (over 100 SY assignments)(3000 PSI W/Fiber) Concrete, 6" thick concrete 87 sidewalk/driveway including SF 1,000 $ $ formwork, sod removal & disposal. (3000 PSI W/Fiber) 88 Sawcut, Remove and Replace 4ft wide Concrete Sidewalk (4" thick) SF 3,500 $ $ 89 Sawcut, Remove and Replace 4ft SF 650 wide Concrete Sidewalk (6" thick) $ $ 90 Handicapped Detectable Warnings EA 40 $ $ 91 Sawcut' remove and replace 12" LF 750 $ $ Header Curb Sawcut and remove 8 ft asphalt 91 path and base and replace with 4" LF 100 $ $ thick concrete sidewalk 93 Concrete removal SF 150 $ $ 94 Install 3 1/8" Paver Brick SF 150 $ $ 95 Remove Paver Bricks SF 150 $ $ {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 Page 1400 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) Miscellaneous EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 96 Adjust Manholes with riser rings EA 10 $ $ 97 Adjust valve boxes with riser rings EA 50 $ $ 98 Valve Box Furnish & Install EA 5 $ $ Remove existing Type C inlet grate 99 and replace with bicycle grate EA 10 $ $ Minimum 5 per assignment) Standard mailbox and/or standard 100 traffic control sign (single post), EA 50 $ $ removal & relocate. 101 Type-F (6x40) Traffic Loop EA 6 $ $ GRAND TOTAL BID (ITEMS 1 THRU $ 101): COMPANY NAME NAME OF AUTHORIZED REPRESENTATIVE (PRINT) STREET ADDRESS TITLE CITY, STATE, ZIPCODE E-MAIL ADDRESS TELEPHONE NUMBER AUTHORIZED SIGNATURE {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 Page 1401 of 1675 BID BOND STATE OF FLORIDA ) COUNTY OF PALM BEACH ) KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated 2018 for: BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION NOW THEREFORE, A. If the principal shall not withdraw said Bid within ninety (90) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. IN WITNESS WHEREOF,the above bounded parties have executed this instrument {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 28 Page 1402 of 1675 under their several seals, this day of , being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of is governing body. WITNESS: (If Sole Ownership or Partnership, two (2)Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: Name of Firm WITNESS: Signature of Authorized Officer (affixed seal) Title Business Address City and State SURETY: Corporate Surety WITNESS: Attorney-in-fact (affix seal) Business Address City State Name of Local Insurance Agency {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29 Page 1403 of 1675 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the said Bid Bond on behalf of the Principal, was then of said Corporation; that I know has signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary (corporate seal) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 30 Page 1404 of 1675 BIDDER'S QUALIFICATION STATEMENT/ STATEMENT OF BUSINESS ORGANIZATION The signatory of the Statement guarantees the truth and accuracy of all statements and of answers to all questions hereinafter made. Failure to complete and return this Statement, or any false statement therein may render a bid non-responsive at the sole discretion of the City of Boynton Beach. All portions of the Statement must be completed. Bid 4 Company Name Address Telephone E-mail Address 1. If a corporation, please answer the following: Date of Incorporation: In what state: President's Name: Vice President's Name: Secretary's Name: Treasurer's Name: 2. If a partnership,please answer the following: Date of Organization: General or association? Name and Address of each general partner 3. If neither a corporation nor partnership,please provide the following information: Type of business organization: Date of Organization: Name and Address of each principal: 4. Current State of Florida Certified Contractor's License Number Expiration Date 5. Name of license holder/ qualifying agent exactly as it appears on file with the State of Florida's Construction Industry Licensing Board: {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 31 Page 1405 of 1675 6. Current City of Boynton Beach Occupational License Number (if applicable) Expiration Date 7. DUNS 4 8. Federal Employer ID 4 (FEIN) 9. Are you a Disadvantage Business Enterprise (DBE) or Woman-Owned Business Enterprise(WBE)? Yes ❑ No ❑ If yes,provide Certificate. 10. Are you a small business as defined by the SBA? Yes ❑ No ❑ If yes, number of employees 11. Number of years in business under this name: 12. Number of years in business under other names: 13. How many years' experience in performing the type of work called for in this bid? 14. In what other lines of business do you or your organization or any partners thereof have financial interests? 15. Does your firm have any officer, owner, employee or agent who is also an officer, employee or advisory board member of City of Boynton Beach? Yes ❑ No ❑ If yes, you may not submit a bid(see instructions to bidders). 16. Have you or your organization, or any office or partner thereof, failed to complete a contract? Yes ❑ No ❑ 17. Has your organization ever been assessed liquidated damages for failing to complete a Contract within the time specified in the Contract Documents? Yes ❑ No ❑ 18. Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five (5)years? Yes ❑ No ❑ 19. Does your organization have any outstanding judgments, demands or liens resulting from violating the State Labor laws, the Business and Professions Regulation statutes, Civil or Criminal decisions? Yes ❑ No ❑ 20. Have there been any suits, liens or surety claims against you or your organization over the past five(5)years for non-payment of sums due subcontractors or suppliers for work completed?Yes ❑ No ❑ {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 32 Page 1406 of 1675 21. Has your organization been cited for violations of OSHA standards and requirements within the past 5 years? Yes ❑ No ❑ 22. Is either the Bidder or its principals presently debarred, suspended,proposed for disbarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency? Yes ❑ No ❑ Please explain all questions answered "yes" in questions above on a separate sheet of paper along with this Statement,if necessary. Bidder must provide proof of a minimum of three (3)projects similar to this scope of services performed within the last five years: Project Name Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address Project Name Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address Project Name Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 Page 1407 of 1675 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) being first duly sworn, deposes and says that: 1) He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me (Title) This day of , 20 My commission expires {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 34 Page 1408 of 1675 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 120 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1409 of 1675 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification {00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1410 of 1675 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature {00229251.2306-9001821} 37 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1411 of 1675 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title- Date- {00229251.2306-9001821) itle-Date-{00229251.2306-9001821) THIS PAGE TO BE SUBMITTED FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 38 Page 1412 of 1675 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, , the of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: 100229251.2 306-9001821} 39 Page 1413 of 1675 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid No.: 010-2512-18/IT to "ASPHALT AND SIDEWALK REHABILITATION" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: {00229251.2 306-9001821} 40 Page 1414 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION ATTACHMENT"A" SECTION 00850 SPECIFICATIONS Specification Boynton Beach Division I Specifications Section No. Title 01010 Summary of Work 01310 Project Management and Coordination 01320 Construction Process Documentation 01400 Quality Requirements 01500 Temporary Facilities and Controls 01700 Execution Requirements In cases of discrepancy, the governing order of the documents is as follows: 1. Agreement between CITY and CONTRACTOR 2. Boynton Beach Division I Specifications (Sections 01010 through 01782) 3. Engineering Design Handbook and Construction Standards for the City of Boynton Beach Public Works Department 4. FDOT Standard Specifications for Road and Bridge Construction 5. FDOT Design Standards END OF SECTION 00850 Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 1 of 26 Page 1415 of 1675 SECTION 01010 - SUMMARY OF WORK 1 - GENERAL 1.1 SUMMARY OF WORK A. This is a continuing services award to provide road resurfacing,general road construction work,asphalt pavement work,roadway repair work,guardrail work,sidewalks,sodding,roadway striping,earthwork construction, and other incidental work associated with asphalt and sidewalk rehabilitation, on an as needed basis. B. Bid Documents were prepared for the Project by: City of Boynton Beach Public Works -Engineering 100 E Boynton Beach Boulevard Boynton Beach, FL 33435 C. The Work includes,but is not limited to that work shown or described on the bid/contract drawings and specifications including but not limited to the following: 1. Excavation and embankment construction 2. Grading and compaction 3. Road construction- stabilized subgrade, coquina base and ABC base 4. Silt fence and turbidity barrier 5. Asphalt paving 6. Concrete sidewalks 7. Drainage conveyance grading 8. Sod 9. Signage and pavement markings 10. Concrete removal 11. All other work shown and/or specified in the Bid Documents. 1.2 WORK ASSIGNMENTS A. Work Orders and/or Purchase Orders will be issued for specific work assignments. The Scope of Work and the Schedule and Time for Performance for specific work assignments will be established by the CITY. The CONTRACTOR will perform work for specific work assignments in accordance with the Scope of Work and Schedule/Time for Performance for each specific work assignment. 1.3 SUBSTITUTION REQUESTS A. The CONTRACTOR shall submit substitution requests as outlined in the Agreement between CITY and CONTRACTOR, and submit two (2) copies to the CITY in advance of submitting its proposal. Document each request with complete data substantiating compliance of proposed substitution with requirements of Bid Documents. 1. Identify manufacturer by name and address,trade name,model number or catalog number. 2. List product description, performance and test data, applicable reference standards, availability of maintenance service and source of replacement materials. 3. Give itemized comparison of qualities of proposed substitution with specified product, changes required in other elements of the Work due to substitution and effect on Progress Schedule. 4. Give name and address of similar projects on which product was used and date of installation. 5. Provide cost data comparing proposed substitution with specified product and state the amount of net change to Contract unit cost item(s). Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 2 of 26 Page 1416 of 1675 B. Do not order or install substitute products without written acceptance from the CITY. Do not imply or indicate substitutions on shop drawings or product data submittals without a separate formal request. C. The CITY will determine acceptability of substitution. The burden of proof of acceptability of a proposed substitution is upon the submitter; information submitted must convince the reviewers that characteristics of the proposed substitution are equal to or better than those of the specified product. D. Request for substitution constitutes a representation that the CONTRACTOR: 1. Has investigated the proposed product and determined that it is equal to or superior in all respects to the specified product. 2. Will provide same or greater warranties for proposed product as for the specified product. 3. Will coordinate installation of substitution accepted into the Work and make other changes and adjustments as may be required to make the Work complete in all respects. 4. Waives all claims for additional costs due to substitution which may later become apparent. 1.4 RESURFACING(ROADWAY LIST) A. The following is a list of streets anticipated to be resurfaced next year. They are not necessarily in order of work assignment. The actual streets resurfaced from this list will be determined by the availability of funds. The estimated costs are for department use only and are not intended as a basis for bidding. Other assignments (including asphalt parking lot construction) with a value of less than $200,000 not listed below may also be conducted under this contract. PROPOSED ROADWAYS WITH RESPECTIVE COST ESTIMATES Project Project No. Estimate I NE 9th Ave/NE 3rd ST $ 300,000 11 NW 30th Ave/SW 14th PI $ 200,000 III Commerce Ave $ 100,000 IV 6 Road Rehab Projects $ 110,000 V Gateway Blvd (Village Green to the RR tracks) $ 565,000 VI Meadows Blvd $ 165,000 VII Sandalwood Ct $ 32,000 Vill Boynton Lakes $ 185,000 IX Central Seacrest Corridor Phase 2 $ 65,000 X Industrial Ave $ 150,000 XI SW Stn St $ 300,000 XII Park Ridge Blvd $ 50,000 XIII Charter Rd and Palmland Dr $ 90,000 XIV SE 36th Ave (aka Gulfstream Blvd) replacement $ 80,000 $ 2,392,000 Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 3 of 26 Page 1417 of 1675 2—GENERAL INSTRUCTIONS 2.1 GENERAL REQUIREMENTS The CONTRACTOR shall provide all services and necessary items of expense, including but not limited to labor, material, trucking, transportation, equipment, hoisting, scaffolding, power, supervision, layout, overhead,profit, and all other services and items of expense required for the complete performance of all Work in accordance with the Bid Documents as follows: A. FDOT Specifications Technical Specifications —Florida Department of Transportation Specifications (FDOT) - Except as otherwise stated in the Bid Documents, all work will be performed in accordance with the most current edition (FDOT) Standard Specifications for Road and Bridge Construction(July 2018 or most current ) and the most current edition FDOT Design Standards (FY 2017- 2018 or most current). The FDOT Specifications noted above are hereby incorporated into the Bid Documents. B. Pay legally required sales, consumer, and use taxes. C. Secure and pay for, as necessary for proper execution and completion of the Work: 1. All permits (burning, excavation, ROW Utilization, etc.). No permits from the City of Boynton Beach will be required. 2. Government fees. 3. Licenses and applications. 4. Electrical permits. 5. Irrigation construction permits as required by the Florida Building Code and/or other government agency. D. Give required notices. E. Comply with laws, codes, ordinances, rules, regulations, orders, and other legal requirements of public or quasi-public authorities which bear on the performance of the work. F. Enforce strict discipline and good order among employees. Do not employ for work unfit persons and persons not skilled in assigned tasks. G. The CONTRACTOR is responsible at all times for the proper conduct of personnel and proper conduct of all subcontractor personnel. H. The CONTRACTOR shall ensure that all personnel are properly dressed with OSHA approved clothing and safety gear, including but not limited to hard hats, hard soled work shoes, shirts and long pants, as appropriate for the performance of the Work. L The CONTRACTOR shall be responsible for compliance with all applicable OSHA Safety requirements and regulations, as applicable for the performance of the Work. 2.2 COORDINATION A. Refer to Specification Section 01310 — Project Management and Coordination for additional Project Coordination requirements. B. When and if required, the CONTRACTOR shall coordinate and cooperate with the CITY'S geotechnical and material testing consultants. The CONTRACTOR is responsible for scheduling Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 4 of 26 Page 1418 of 1675 and coordinating all testing required in the performance the Work. Unless otherwise specified in the Bid Documents, the number, frequency and type of testing shall be in accordance with the FDOT Guidelines for Sampling and Testing.The CITY will pay for costs associated with the initial soils and material testing and the CONTRACTOR will be liable for costs associated with re-testing as a result of initial test failure due to deficiencies in the CONTRACTOR's work efforts. C. The CONTRACTOR shall coordinate with the CITY's Representative. The CONTRACTOR and CITY's Representative are responsible for scheduling and coordinating Construction Engineering Inspection(CEI)required in the performance the Work. D. The CONTRACTOR shall coordinate its Work with the CITY, with the Work of the CITY's separate CONTRACTORS,and other authorized parties as noted herein.The CONTRACTOR shall sequence its Work, as required by the CITY, with the Work of the CITY's separate CONTRACTORS at no additional cost to the CITY. 2.3 STANDARD SPECIFICATIONS A. All materials and workmanship shall meet the requirements of the CITY Code of Ordinances, the Florida Department of Environmental Protection requirements, the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (July 2018 or most current), the Florida Department of Transportation Design Standards (FY 2017-2018 or most current)), and in accordance with the Bid Documents. 1. This project is being contracted for the CITY. Any reference to the "State" or "Department" in the Specifications (as legal CITY) shall be replaced by the "CITY". 2.4 ENVIRONMENTAL CONTROLS A. The CONTRACTOR shall provide, install, and maintain all necessary erosion and sedimentation control as required for the performance of the Work. The CONTRACTOR will be required to comply with the environmental and erosion controls requirements in the Storm Water Pollution Prevention Control Plan(SWPPP)prepared for the project,if applicable. Erosion and Sediment Controls: CONTRACTOR shall Construct and maintain temporary erosion control features (if applicable for specific work assignments) or, where practical, construct and maintain permanent erosion control features as shown in the plans or as may be directed by the ENGINEER.The CONTRACTOR shall use temporary erosion and water pollution control features that consist of,but are not limited to,temporary grassing,temporary sodding,temporary mulching, sandbagging, slope drains, sediment basins, sediment checks, berms, baled hay or straw, floating turbidity barrier, staked turbidity barrier and silt fence. Temporary Silt Fence: The CONTRACTOR shall furnish,install,maintain,and remove temporary silt fences as directed by the CITY,if applicable,in accordance with the manufacturer's directions, these Specifications, the details as shown on the plans, and the FDOT Design Standards (2012) Index No. 102. This item will be paid based on Linear Footage of silt fence installed. 2.5 PERMITS AND PERMIT FEES A. All Permits required for any part of the CONTRACTOR's Work (except those Permits obtained directly by the CITY, as further enumerated below) shall be procured and paid for by the CONTRACTOR. This shall apply also to those permits required to be obtained by the CONTRACTOR in the name of the CITY for the CITY's own temporary construction office facilities, if any. The cost for the required permits (except those permits obtained directly by the CITY) are included in the Contract Sum. Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 5 of 26 Page 1419 of 1675 B. If needed, the following Permits will be obtained directly by the CITY: I. South Florida Water Management District(SFWMD)—If applicable 2. United States Army Corp of Engineers (USACOE)—If applicable C. The Contractor shall be responsible for calling for Utility Locates before any excavation work is started. The CONTRACTOR shall be responsible for keeping Utility Locates updated during the duration of construction as needed to accommodate the CONTRACTOR's Work. D. City Building Permits and City Right-of-Way Use Permits (will not be required). However should any work on City roads require MOT on County or State roads, the permits for which shall be obtained by the CONTRACTOR, at its sole expense,prior to commencement of any Work.A copy of these Permits will be submitted to the CITY. 2.6 JOB SITE CLEANLINESS A. Maintain clean and safe work areas throughout the entire duration of the Project. Clean up trash and debris on a daily basis. Legally dispose of trash, debris and rubbish off the Project site. B. Refer to Specification Section 01500 — Temporary Facilities and Controls for additional Construction Cleaning requirements. C. CONTRACTOR shall maintain portable restroom facilities on-site and operational at all times. Adequate facilities shall be supplied for all works and shall be placed in a vicinity of all working crews. At the request of the Engineer, additional restrooms shall be added at no additional cost to the CITY. D. Payment for job site cleanliness is incidental to the project. 2.7 EXISTING ROADWAYS AND UTILITIES A. The CONTRACTOR shall not open cut or create other obstacles on the roadways or walkways without the explicit approval of the CITY.Authorized cuts must be bridged to permit vehicular and pedestrian traffic to continue without delay or hindrance. Any Work that must be performed which may result in delays to public traffic or re-routing of traffic must be coordinated and approved by the CITY. The CONTRACTOR shall notify each utility company involved at least ten (10) business days prior to the start of construction to arrange for positive underground location,relocation, or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water and sewer mains and services or other utilities for the convenience of the CONTRACTOR shall be paid separately in"Utility Adjustments"by the CITY. The relocation to be completed by Comcast Cable,AT&T,Florida Power and Light, or other public utilities must be coordinated in the weekly construction meetings. All costs of permanent dry utility relocations to avoid conflict shall be the responsibility of the CONTRACTOR and the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocation coordination for any utility relocation. Florida Power & Light (FPL) calls your attention to the fact that there may be energized, high voltage electric lines, both overhead and underground, located in the area of this project. CONTRACTOR must visually survey the area and take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery, equipment or object closer to FPL's power lines than the OSHA-prescribed limits. If it will,you must either re- design your project to allow it to be built safely given the pre-existing power line location, or make arrangements with FPL to either de-energize and ground our facilities, or relocate them. You must do this before allowing any construction near power lines. If it is necessary for CONTRACTOR and/or subcontractor to operate or handle cranes, digging apparatus, draglines, mobile equipment, Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 6 of 26 Page 1420 of 1675 or any other equipment, tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local, state or federal regulations, CONTRACTOR or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented. The CONTRACTOR shall be required to complete a"Notification of FPL Facilities" form prior to the commencement of Work. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the City of Boynton Beach Utilities Department. All damaged utilities must be replaced or prevented from leaking. All repairs are to be inspected by the City of Boynton Beach Utilities Department prior to backfilling. The CONTRACTOR should be aware the City of Boynton Beach Utilities Department does not allow riser rings. CONTRACTOR shall contact City of Boynton Beach Utilities Department to adjust manhole lids. The cost of this coordination effort shall be included in the unit pricing. The CONTRACTOR should be aware of the SUNSHINE STATE ONE CALL (formerly the UNCLE Notification Center), which has a free locating service for CONTRACTORS and excavators. Two business days before excavating, dial toll free 1-800-432-4770, and a locator will be dispatched to the work location. The utilities and municipalities that are present members of SUNSHINE STATE ONE CALL are as follows: American Traffic Solutions AT&T Telephone Company Century link City of Boynton Beach Utilities Department Comcast Boca Delray FDOT Palm Beach Fibernet Direct Florida Public Utilities Florida Power and Light Comcast Cable TV Hotwire Communications Level 3 Communications MCI Palm Beach County Traffic Operations Sprint Corporation Strome Networks Windstream Connections Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 7 of 26 Page 1421 of 1675 Maintenance of Existing Utility Services: General: The CONTRACTOR shall fully cooperate at all times with the CITY in order to maintain utility service with the least amount of interference and interruption possible. Public health and safety considerations shall exceed all others; the CONTRACTOR's work shall, at all times,be subject to revision if necessary for public health and safety conditions. The creation of a public nuisance will not be permitted. CITY reserves the right to require the CONTRACTOR to work twenty-four(24)hours per day in all cases where interference with existing water or sewer service may result in health hazards, offensive conditions or serious inconveniences to persons served by the system. B. Whenever possible, the CONTRACTOR shall arrange Work so that there will be no service interruptions of any existing systems. Whenever service interruptions are necessary, the CONTRACTOR shall secure the advance approval of the CITY and jurisdictional agencies as to the time and date such interruptions will be permitted. 2.8 MAINTENANCE OF TRAFFIC (MOT) A. General: The CONTRACTOR shall be responsible for the proper maintenance,control and detour of traffic in the area of construction during the construction. All traffic control and maintenance procedures shall be in accordance with the requirements of most current Section 102 of the Standard Specifications, the FDOT Design Standards 600 Series Index, the Drawings, and these Technical Provisions, and the latest edition of Manual of Uniform Traffic Control Devices (MUTCD). It shall be the CONTRACTOR's responsibility as Bidder, prior to submitting his or her bid, to determine the amount of work required so that his or her Proposal reflects all costs to be incurred including clearing and grubbing,necessary fill,suitable rock base and asphaltic concrete for detour. No claims for additional payment will be considered for costs incurred in the proper maintenance, control, detour and protection of traffic and no extensions in Contract time will be granted due to this MOT PAY ITEM. All Standard Maintenance of Traffic operations FDOT Standard Indexes 601-607 & Indexes 611- 617 shall be included on the costs of the bid. Traffic shall be maintained at all times and as more particularly specified hereinafter. The CONTRACTOR shall submit the MOT plan to the CITY a minimum of 2-weeks in advance of a proposed road closure. The CONTRACTOR shall submit the MOT plan to the CITY a minimum of 72-hours in advance of any lane closure. All traffic control signs and devices,barricades,flashers,and similar devices shall be furnished and maintained by the CONTRACTOR. All flagmen shall be certified to perform Maintenance of Traffic duties. The CONTRACTOR shall provide the services of uniformed, off-duty police officers to supervise traffic control and maintain safety along the routes of the work or at any other area where the operation causes traffic congestion such that police supervision is required to protect the public safety and the work. Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic and pedestrian safety at all times. Necessary access to adjacent property shall be provided at all times. The CONTRACTOR shall not block access to driveways except where same are to be removed and replaced. The CONTRACTOR shall give seventy-two Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 8 of 26 Page 1422 of 1675 (72)hours advance notice of driveway removal and replacement operations to affected residents. B. The CONTRACTOR shall provide MOT Plans (if applicable for specific work assignments) prepared by an individual certified in Advanced Maintenance of Traffic by FDOT. MOT Plans provided by the CONTRACTOR shall be approved by the CITY prior to the start of construction. The Maintenance of Traffic Plan shall be in written form. The MOT shall clearly indicate the type and location of all signs, lights, barricades, striping, and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workman. The plan will indicate conditions and setups for each phase of the CONTRACTOR's activities. In no case may the CONTRACTOR begin work until the Maintenance of Traffic Plan has been approved in writing by the CITY. The CONTRACTOR needs to anticipate in its schedule that the CITY needs to provide adequate public notification. Modifications must also be approved in writing. Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received. The CONTRACTOR shall be responsible for: performing daily inspections (including weekends, holidays, and nighttime) of the MOT plan on the project and for the replacement of all equipment and devices not conforming to the approved MOT plan during that inspection. The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C. LANE CLOSURES—when either an arterial or collector road is to have a lane closure as a part of its MOT plan the following conditions shall apply in addition to all other MOT requirements: 1. Lane closures shall be limited between the hours of 9:00 a.m. and 3:30 p.m., and 7:00 p.m. to 6:00 a.m. on school days unless previously authorized by the CITY. 2. If the CONTRACTOR begins a lane closure before the approved start time or ends the lane closure after the approved lane closure time the CONTRACTOR shall be assessed by the CITY damages of$100 per hour for each hour of lane closure outside the above stated approved time range. Damage fees shall be assessed and prorated to the next quarter hour (i.e. a CONTRACTOR that ends an approved lane closure at 3:40 p.m. would be assessed $25.00 ($100 x 0.25). 3. Lane closures that are implemented by the CONTRACTOR that are not pre-authorized in writing by the CITY shall be assessed $300 per hour. 2.9 VIDEO TAPE OF EXISTING CONDITIONS A. If directed by the CITY, the CONTRACTOR will video tape the existing site conditions,prior to the start of construction. The CONTRACTOR will provide one copy of the existing conditions video tape to the CITY prior to the start of construction. 2.10 OWNERSHIP OF EXISTING MATERIALS A. All materials removed or excavated from the job site shall remain the property of the CITY until released by the ENGINEER, at which time it shall become the property of the CONTRACTOR who shall legally dispose of it in a manner satisfactory to the ENGINEER. Upon direction of the ENGINEER, all suitable or unsuitable excavation, vegetation, debris, concrete or other materials shall be disposed of in areas provided by the CONTRACTOR, and approved by the ENGINEER. 2.11 RESPONSIBILITY FOR MATERIALS A. The CONTRACTOR shall be held responsible for any materials, equipment and work to the full amount of all payments made thereon, and he or she will be required to make good at his or her own cost any injury or damage which said material, equipment or work may sustain from any Bid No. 010-2512-18/IT–Asphalt and Sidewalk Rehabilitation Page 9 of 26 Page 1423 of 1675 unforeseen obstructions or difficulties which may be encountered, or from any source or cause whatsoever, or from any action of the elements,before final acceptance thereof. No payment will be allowed for materials stored on-site prior to installation. 2.12 DEMOLITION A. CONTRACTOR shall maintain the project site in a safe, clean, and neat condition. All demolition material shall be removed from the site within 72 hours of demolition or placed within the fenced locked storage area. No undesirable accumulation of debris or materials shall be allowed. All excess material(existing structure,pipe/catch basin/mitered end section/headwall/manhole)left on- site will be removed and properly/legally disposed of by the CONTRACTOR. This work will be included under clearing and grubbing. 2.13 ORDER AND DIRECTION OF WORK A. The work to be done under this Contract shall be under the general inspection of the ENGINEER. The sequence of construction shall be subject to the approval of the ENGINEER. At his discretion, the ENGINEER may, from time to time, direct the order in which and points at which the work shall be prosecuted; and may exercise such control over the conduct of the work at any time or place that shall be required,in his opinion, to safeguard the interest of the CITY and/or the public health and safety. No work shall be carried on or constructed except by specific consent of the ENGINEER, unless in the presence of an inspector will not be estimated or paid for except when such work is authorized to be done in such a manner by the ENGINEER. Work done without such authority may be ordered removed and replaced at the CONTRACTOR's expense. 2.14 TREE PROTECTION A. CONTRACTOR is to provide Tree Protection in accordance with the CITY Code. CONTRACTORS must comply with the CITY Landscape and Habitat Management Order. This item is incidental to the cost of project construction. 2.15 MOBILIZATION A. The roadway plans for this Contract, consist of all work necessary to construct tasks under the Annual Road Resurfacing Contract, City of Boynton Beach,Florida. The work includes mobilization, clearing and grubbing, ditch work and signalization, maintenance of traffic, maintenance of pedestrian traffic, asphalt pavement, earthwork, drainage, signalization,NPDES compliance, and other work, as directed by the Engineer. All of the work involved in this project shall conform to the construction plans and specifications and shall be completed in a workmanlike manner. All debris is to be removed within the time specified in the contract. 2.16 SOD A. General. The CONTRACTOR is solely responsible for final acceptability of all sodded areas. All associated costs are included in the unit price of the sod. For issues not discussed in these specifications the CONTRACTOR is referred to Sections 575, 981, 982 and 983 of the FDOT Standard specification for Road and Bridge Construction. Type. Sod shall be locally grown Bahia type unless otherwise specified to conform to surrounding existing turf and shall be;healthy,with well-matted roots,be free of weeds and be supplier certified to be free of Tropical Soda Apple (solanum viarum). Dimensions. Sod pieces shall be 1.33 ft x 2 ft and a minimum of 1 1/4 inches thick. 3/4 inch of the sod thickness shall be roots and topsoil. Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 10 of 26 Page 1424 of 1675 Placement. a. Sod shall be laid with the long side parallel to contours(perpendicular to the slope with the ends of the pieces butted together. Placement of sod shall proceed in this manner up the slope and end butts shall be staggered with adjoining rows. b. The combined number of overlaps and 1 inch or greater gaps between pieces shall not exceed 5 per 100 square feet. C. The combined number of 2 inch or greater overlaps and 2 inch or greater gaps between pieces shall not exceed 1 per 100 square feet. d. For final acceptance no more than 10% of the sodded area may consist of dead spots of greater than �/z foot square and no more than 5% of the sodded area shall consist of dead spots of greater than 1 foot square. Lime and Fertilizer. To assure rapid establishment of sod the CONTRACTOR is urged to apply fertilizer and lime as follows or as determined by soil testing. a. Fertilizer: 16-4-8—50% of Nitrogen to be slow release i. 265 lb/ac as placement ii. 135 lb/ac at 60 days after placement Watering. Sod shall be watered with �/z inch of water immediately upon placement. In the following three weeks sod shall be watered with the greater of�/z inch of water 2—3 times weekly or the amount of water required to maintain moist conditions in the soil to a depth of 6 inches beneath the sod. After 3 weeks the sod shall be watered with the greater of 1/4 inch of water 2—3 times weekly or the amount of water required to maintain moist conditions in the soil to a depth of 4 inches beneath the sod. In the event that the specified watering results in the moisture condition drier than those specified above, the CONTRACTOR may place straw mulch which is free of any noxious weed and in particular Tropical Soda Apple in an open uniform layer of 1 — 2 inches thickness to assist in moisture retention. Maintenance. a. Mowing—Grass is to be mowed to 6-inch height for final acceptance. i. Mowing shall not remove any more than 1/3 of the grass leaves and be done with sharp blade mowers. ii. Mowing shall not occur for 3 weeks after planting. b. Filing, leveling,repairing washouts or erosion—CONTRACTOR shall replace patches of dead sod and repair disturbed and damaged sod immediately upon being made aware of the condition. 2.17 ASPHALT PAVING A. The CONTRACTOR shall provide an Asphalt Batch Mix Testing Report for each plant day as per Florida Department of Transportation Standard Specifications. Asphalt mixes shall contain no more than 30% Reclaimed Asphalt Pavement(RAP). B. The CONTRACTOR shall comply with the requirements of the most current Edition of the FDOT Standard Specification for Road and Bridge Construction for Superpave Asphaltic Concrete. C. The CONTRACTOR shall comply with the most current Edition of the FDOT Standard Specification for Road and Bridge Construction for Asphalt Mix Type S-1, and S-III Asphaltic Concrete,if applicable. Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 11 of 26 Page 1425 of 1675 2.18 PREMIUM SEALCOATING CONTRACTOR shall place Polytar heavy duty pavement sealer(Gemseal, Black Diamond XL, or approved equal) applied per manufacturer's (Gemseal) specifications. 2.19 PAVEMENT MARKING CONTRACTOR shall place thermoplastic pavement markings as per the bid documents (edge stripes, centerline stripes, crosswalks, pavement arrows and messages and stop bars, *This should be "painted" only if the road will be open to traffic prior to completing paving*). In addition, CONTRACTOR shall install reflective pavement markings(RPM'S)in accordance with the bid documents and Section 706 of the Florida Department of Transportation Specifications for Road and Bridge Construction. Thermoplastic markings shall be placed between 30 and 60 days after pavement has been completed. 2.19 GRASSING OPERATIONS All unpaved disturbed areas shall be treated with vegetation. 2.20 GENERAL CLARIFICATIONS A. The existing grade elevations and utility locations as depicted on the Contract Drawings are not to be construed as absolute. Should the CONTRACTOR notice any discrepancies between the drawings and the existing conditions,the CONTRACTOR shall advise the CITY,in writing,of the discrepancies observed,prior to starting the construction activities affecting the discrepancies. B. Maintenance and dust abatement of all areas of Work provide by the CONTRACTOR shall be done in a manner acceptable to the CITY. C. The CONTRACTOR shall be responsible for safely barricading open excavations which may present hazards. D. All existing conditions off the immediate Project site which are disturbed due to the CONTRACTOR's activities shall be repaired to pre-construction condition. E. The CONTRACTOR's attention is directed to the fact that there are existing underground utilities located within and adjacent to the limits of construction. The CONTRACTOR shall be required to coordinate its operations with these existing facilities and shall provide all means necessary to protect these facilities during construction. F. The CONTRACTOR shall be responsible for securing all tools, equipment and material at the job site. 2.21 WORK HOURS A. Normal work hours shall be limited to 6:00 AM to 7:00 PM, Monday through Friday. Any work performed outside those hours shall be approved by the CITY. B. All night work shall be requested in writing a minimum of 48 hours in advance.A minimum of 10- foot candles of temporary lighting shall be provided in all areas where night work is being performed.No night work shall be performed without the approval of the CITY. END OF SECTION 01010 Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 12 of 26 Page 1426 of 1675 SECTION 01310 -PROJECT MANAGEMENT AND COORDINATION PART 1 —GENERAL 1.1 SUMMARY A. This Section includes administrative provisions for coordinating construction operations on Project including,but not limited to, the following: General Project coordination procedures Submittals Project meetings 1.2 COORDINATION A. Coordination: Coordinate construction operations included in various Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, which depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components,before or after its own installation. B. If necessary,prepare memoranda for distribution to each party involved,outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for CITY and separate CONTRACTORS if coordination of their Work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other CONTRACTORS to avoid conflicts and to ensure orderly progress of the Work. 1.3 SUBMITTALS Shop Drawings,Product Data, Mix Designs and Coordination Drawings: Submit Shop Drawings,Product Data, Mix Designs and Coordination Drawings. Submit Mix Designs for all Asphaltic Concrete mixes. Prepare Shop Drawings and Coordination Drawings if limited space availability necessitates maximum utilization of space for efficient installation of different components or if coordination is required for installation of products and materials fabricated by separate entities. 1. Indicate relationship of components shown on separate Shop Drawings. 2. Indicate required installation sequences. 1.4 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify City and Engineer of scheduled meeting dates and times 1 week in advance. Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 13 of 26 Page 1427 of 1675 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned,including CITY and Engineer,within three (3) days of the meeting. B. Progress Meetings: Conduct progress meetings as required by the CITY. END OF SECTION 01310 Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 14 of 26 Page 1428 of 1675 SECTION 01320 - CONSTRUCTION PROGRESS DOCUMENTATION PART 1 —GENERAL 1.1 SUMMARY This Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work,including the following: 1. CONTRACTOR'S Construction Schedule. 2. Submittals Schedule. 3. Daily construction reports. 4. Field condition reports. 1.2 DEFINITIONS A. Critical Path: The longest continuous chain of activities through the network schedule that establishes the minimum overall Project duration and contains no float. B. Float: The measure of leeway in starting and completing an activity. 1. Float time belongs to CITY. C. Fragnet: A partial or fragmentary network that breaks down activities into smaller activities for greater detail. D. Major Area: A construction phase, component area, or a similar significant construction element. 1.3 SUBMITTALS A. Submittals Schedule: Submit three (3) copies of schedule. Arrange the following information in a tabular format 1. Scheduled date for first submittal. 2. Specification Section number and title. 3. Submittal category (action or informational). 4. Name of subcontractor. 5. Description of the Work covered. 6. Scheduled date for Engineer's final release or approval. B. CONTRACTOR'S Construction Schedule: Submit two (2) printed copies of initial schedule, one electronic copy, and one a blue- or black-line print, large enough to show entire schedule for entire construction period. 1.4 COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate CONTRACTORS. B. Coordinate CONTRACTOR'S Construction Schedule with the Schedule of Values,list of subcontracts, Submittals Schedule,progress reports,payment requests, and other required schedules and reports. Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 15 of 26 Page 1429 of 1675 1. Secure time commitments for performing critical elements of the Work from parties involved. 2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence. PART 2—PRODUCTS 2.1 SUBMITTALS SCHEDULE Preparation: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review,resubmittal, ordering,manufacturing, fabrication, and delivery when establishing dates. 1. Coordinate Submittals Schedule with list of subcontracts,the Schedule of Values,and Project Schedule. 2. Submit concurrently with the first complete submittal of the Project Schedule. 2.2 PROJECT SCHEDULE A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Substantial Completion. Contract completion date shall not be changed by submission of a schedule that shows an early completion date,unless specifically authorized by Change Order. B. Contract Modifications: For each proposed contract modification and concurrent with its submission, prepare a time-impact analysis using fragnets to demonstrate the effect of the proposed change on the overall project schedule. PART 3 —EXECUTION 3.1 PROJECT SCHEDULE Project Schedule Updating: At monthly intervals with each progress payment, update schedule to reflect actual construction progress and activities. END OF SECTION 01320 Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 16 of 26 Page 1430 of 1675 SECTION 01400 - QUALITY REQUIREMENTS PART 1 —GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve CONTRACTOR of responsibility for compliance with the Bid Document requirements. 1. Inspections and related actions do not limit CONTRACTOR's quality-control procedures that facilitate compliance with the Bid Document requirements. 2. Requirements for CONTRACTOR to provide quality-control services required by CITY are not limited by provisions of this Section. 1.2 DEFINITIONS A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and ensure that proposed construction complies with requirements. B. Quality-Control Services: Tests,inspections,procedures,and related actions during and after execution of the Work to evaluate that completed construction complies with requirements. Services do not include contract enforcement activities performed by CITY. C. Mockups: Full-size, physical example assemblies to illustrate finishes and materials. Mockups are used to verify selections made under Sample submittals, to demonstrate aesthetic effects and, where indicated, qualities of materials and execution, and to review construction, coordination, testing, or operation; they are not Samples. D. Testing Agency: An entity engaged to perform specific tests,inspections, or both. Testing laboratory shall mean the same as testing agency. 1.4 SUBMITTALS Permits, Licenses, and Certificates: For CITY's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence,records,and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.5 QUALITY ASSURANCE A. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance,as well as sufficient production capacity to produce required units. Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 17 of 26 Page 1431 of 1675 B. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. C. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. Install, where required by manufacturer in order to obtain the specified warranty,must employ workers trained and approved by manufacturer, or authorized representative of manufacturer. D. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance. E. Specialists: Certain sections of the Specifications require that specific construction activities shall be performed by entities that are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. Requirement for specialists shall not supersede building codes and similar regulations governing the Work,nor interfere with local trade-union jurisdictional settlements and similar conventions. 1.6 QUALITY CONTROL A. CITY Responsibilities: CITY will also engage a qualified Construction Engineering and Inspection Engineer to perform inspections and administration of the Work. B. CONTRACTOR Responsibilities: Unless otherwise indicated, provide quality-control services specified and required by authorities having jurisdiction. 1. The CONTRACTOR and the CEI firm will be jointly responsible for coordinating and scheduling inspections of the Work to conform with the CONTRACTOR's Work schedule. 2. Where quality-control services are indicated as CONTRACTOR's responsibility,submit a certified written report,in duplicate, of each quality-control service. 3. Inspecting requested by CONTRACTOR and not required by the Bid Documents are CONTRACTOR's responsibility. 4. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. C. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation,including service connections. Report results in writing. D. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and quality-control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times for inspections and similar activities. Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 18 of 26 Page 1432 of 1675 PART 2—EXECUTION 2.1 REPAIR AND PROTECTION A. General: On completion of inspecting and similar services, repair damaged construction and restore substrates and finishes. B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are CONTRACTOR'S responsibility, regardless of the assignment of responsibility for quality-control services. END OF SECTION 01400 Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 19 of 26 Page 1433 of 1675 SECTION 01500 - TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes general procedural requirements governing Temporary Facilities and Controls including,but not limited to, the following: 1. Temporary utilities. 2. Support facilities. 3. Security and protection facilities. 4. Construction cleaning. 1.2 DEFINITIONS A. NOT USED 1.3 USE CHARGES A. General: Cost or use charges for temporary facilities and utilities are not chargeable to CITY or Engineer and shall be included in the Contract Sum through the date of substantial completion. Allow other entities to use temporary services and facilities without cost,including,but not limited to,CITY's construction forces, Engineer, testing and inspecting agencies, and personnel of authorities having jurisdiction. 1.4 NOT USED 1.5 QUALITY ASSURANCE A. Standards: Comply with ANSI A10.6, NECA's "Temporary Electrical Facilities," and NFPA 241. Electric Service: Comply with NECA,NEMA,and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. B. Inspections: Arrange for authorities having jurisdiction to inspect each temporary utility before use. Obtain required certifications and permits. 1.6 PROJECT CONDITIONS Conditions of Use: The following conditions apply to use of temporary services and facilities by all parties engaged in the Work: Keep temporary services and facilities clean and neat. Relocate temporary services and facilities as required by progress of the Work. PART 2 - PRODUCTS 2.1 MATERIALS General: Provide new materials. Undamaged,previously used materials in serviceable condition may be used if approved by the CITY. Provide materials suitable for use intended. Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 20 of 26 Page 1434 of 1675 2.2 EQUIPMENT A. Self-Contained Toilet Units: Single-occupant units of chemical, aerated recirculation, or combustion type; vented; fully enclosed with a glass-fiber-reinforced polyester shell or similar nonabsorbent material. B. Drinking-Water Fixtures: Containerized, tap-dispenser, bottled-water, drinking-water units, including paper cup supply. C. Electrical Outlets: Properly configured,NEMA-polarized outlets to prevent insertion of 110- to 120- V plugs into higher-voltage outlets; equipped with ground-fault circuit interrupters, reset button, and pilot light. D. Power Distribution System Circuits: Where permitted and overhead and exposed for surveillance, wiring circuits,not exceeding 125-V ac,20-A rating, and lighting circuits may be nonmetallic sheathed cable. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required. B. Provide each facility ready for use when needed to avoid delay. Maintain and modify as required. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION A. General: Engage appropriate local utility company to install temporary service or connect to existing service. Where utility company provides only part of the service,provide the remainder with matching, compatible materials and equipment. Comply with utility company requirements I. Arrange with utility company, CITY, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. 2. Provide adequate capacity at each stage of construction. Before temporary utility is available, provide trucked-in services. 3. Obtain easements to bring temporary utilities to Project site where CITY's easements cannot be used for that purpose. B. Sanitary Facilities: Provide temporary toilets. Comply with regulations and health codes for type, number, location, operation, and maintenance of facilities. 1. Toilets: Use of CITY's existing toilet facilities will not be permitted. 2. Toilets: Install self-contained toilet units. Shield toilets to ensure privacy. C. Electric Power Service: Provide weatherproof,grounded electric power service and distribution system of sufficient size, capacity, and power characteristics during construction period. Include meters, transformers, overload-protected disconnecting means, automatic ground-fault interrupters, and main distribution switchgear. 1. Install electric power service underground,unless overhead service must be used. Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 21 of 26 Page 1435 of 1675 D. Electric Distribution: Provide receptacle outlets adequate for connection of power tools and equipment. E. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations and traffic conditions. 3.3 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: I. Locate sanitary facilities, and other temporary construction and support facilities for easy access. 2. Provide incombustible construction for sheds located within construction area. Comply with NFPA 241. 3. Maintain support facilities until near Substantial Completion. Remove before Substantial Completion. B. Temporary Roads and Paved Areas: Construct and maintain temporary roads and paved areas adequate to support loads and to withstand exposure to traffic during construction period. Extend temporary roads and paved areas,within construction limits indicated, as necessary for construction operations. 1. Coordinate elevations of temporary roads and paved areas with permanent roads and paved areas. 2. Prepare subgrade and install subbase and base for temporary roads and paved areas according to FDOT Specifications. C. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Containerize and clearly label hazardous, dangerous, or unsanitary waste materials separately from other waste. 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. Avoid using tools and equipment that produce harmful noise. Restrict use of noisemaking tools and equipment to hours that will minimize complaints from persons or firms near Project site. B. Site Enclosure Fence—Not Used C. Temporary Enclosures—Not Used D. Temporary Partitions—Not Used E. Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with OSHA requirements and the requirements of the local Fire Department Fire Marshall. 3.5 CONSTRUCTION CLEANING A. Daily clean and maintain the work, site and adjacent properties to be free of rubbish, debris, and accumulations of waste materials resulting from construction operations. Legally dispose of waste materials, rubbish, and debris off-site. B. Do not allow rubbish, debris, and waste materials to accumulate and cause hazardous and unsightly conditions. Provide on-site dumpster containers for collection and removal. Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 22 of 26 Page 1436 of 1675 C. Collection and Disposal of Waste: Collect waste from construction areas and elsewhere daily. Comply with requirements of NFPA 241 for removal of combustible waste material and debris. D. Sprinkle dusty debris with water. E. Provide all demolition, removal and disposal off the project site, of existing asphalt and/or concrete paving,storm drainage piping and structures,utility piping,and any other miscellaneous items as noted in the Contract Drawings or as required for the performance of the Work. All debris resulting from demolition of existing improvements and conditions shall be legally disposed of off the project site at the CONTRACTOR's cost. 3.6 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. Protect from damage caused by freezing temperatures and similar elements. 1. Maintain markers for underground lines. Protect from damage during excavation operations. A. Termination and Removal: Remove each temporary facility when need for its service has ended or no later than Substantial Completion. Complete or,if necessary,restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are the property of CONTRACTOR. CITY reserves right to take possession of Project identification signs. 2. At Substantial Completion, clean and renovate permanent facilities used during construction period. Comply with final cleaning requirements in Division 1 Section "Closeout Procedures." END OF SECTION 01500 Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 23 of 26 Page 1437 of 1675 SECTION 01700 - EXECUTION REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes general procedural requirements governing execution of the Work including,but not limited to, the following: 1. Construction layout. 2. Field engineering and surveying. 3. Record Drawings/As-Built Drawings. 4. Starting and adjusting. 5. Protection of installed construction. 6. Correction of the Work. 1.2 SUBMITTALS A. Certificates: Prior to submitting the Final Payment Invoice, submit certificate signed by the CONTRACTOR's Authorized Representative certifying that: "The Project has been constructed in accordance with the Bid Documents and the applicable permitting agency criteria". B. Landfill Receipts: Not Used C. Certified Surveys: Not Used 1.3 QUALITY ASSURANCE A. Land Surveyor Qualifications: Not Used PART 2 -PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 EXAMINATION A. Existing Conditions: The existence and location of site improvements,utilities, and other construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of water, sewer, communication and electrical systems and other construction affecting the Work. Before construction,verify the location and points of connection of utility services. B. Existing Utilities: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning site work, investigate and verify the existence and location of underground utilities and other construction affecting the Work. Furnish location data for work related to Project that must be performed by public utilities serving Project site. The CONTRACTOR is responsible for obtaining and updating utility locates for existing utility systems on and abutting the project site. The CONTRACTOR is responsible for contacting CALL SUNSHINE at 800-432-4770 for utility locates in accordance with Florida Laws. Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 24 of 26 Page 1438 of 1675 C. Acceptance of Conditions: Examine areas, and conditions for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 3.2 PREPARATION A. Existing Utility Information: Furnish information to CITY that is necessary to adjust,move,or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by CITY or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify CITY not less than five (5) days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without CITY's written permission. C. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. D. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. E. Review of Bid Documents and Field Conditions: Immediately on discovery of the need for clarification of the Bid Documents, submit a request for information to CITY. Include a detailed description of problem encountered, together with recommendations for changing the Bid Documents. 3.3 CONSTRUCTION LAYOUT A. Verification: Before proceeding to layout the Work,verify layout information shown on Drawings,in relation to the right of way survey and existing benchmarks. If discrepancies are discovered, notify CITY promptly. B. CONTRACTOR shall be responsible for laying out the Work. C. Improvements: Locate and lay out improvements, including subgrade, base course, pavements, grading, and fill and topsoil placement. 3.4 FIELD ENGINEERING(Not Used) 3.5 RECORD DRAWING/AS-BUILT DRAWINGS (Not Used) 3.6 STARTING AND ADJUSTING A. Start all equipment and operating components to confirm proper operation. Remove malfunctioning units,replace with new units, and retest. B. Adjust operating components for proper operation without binding. Adjust equipment for proper Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 25 of 26 Page 1439 of 1675 operation. C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. 3.7 PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. 3.8 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. Restore damaged Work. 1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. B. Restore permanent facilities used during construction to their specified condition. C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. END OF SECTION 01700 Bid No. 010-2512-18/IT—Asphalt and Sidewalk Rehabilitation Page 26 of 26 Page 1440 of 1675 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 4., Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX: (561)742-6316 ADDENDUM No. 1 DATE: June 5, 2018 BID TITLE: ASPHALT AND SIDEWALK REHABILITATION BID NO.: 010-2512-18/IT This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Words in strikethreug4 type are deletions from existing text. Words in bold, underlined type are additions to existing text. 1. The bid opening date remains as June 15, 2018 at 2:30 PM. The location remains unchanged. 2. The Bid Sheets are revised and are included with this Addendum. These new price sheets must be submitted with your bid response in order for your bid to be considered responsive. Two (2) new bid items have been added to "Miscellaneous" and the unit of measure for Item No. 45, Asphalt SP-9.5 Asphaltic Concrete hot mix, plant pick up by City during normal batching operations, has been revised from GY to TON. 3. The following questions were submitted prior to the deadline and are hereby provided and responded to below: Q1: In regards to the above referenced project, can you tell me the budget/cost estimate? Al: Since this is an annual contract, it's hard to say, but the department has budgeted approximately $300,000 for the work. Q2: What are the liquidated damages? I do not see an amount in the bid documents. A2: Liquidated damages are not included in the bid. Q3: In regards to the Bid No. 010-2512-18/IT "City of Boynton Beach Asphalt and Sidewalk Rehabilitation" the bid item #45 "Asphalt SP-9 Asphaltic Concrete hot mix, plant pick up by City during normal batching operation" has a unit pf"CY". The normal unit for asphalt is "TON". Will the City of Boynton Beach change this unit to "TON" for bidding purposes? A3: Yes. The unit of measure has been revised per this Addendum No. 1. 1 Page 1441 of 1675 Q4: In regards to the Bid No. 010-2512-18/IT "City of Boynton Beach Asphalt and Sidewalk Rehabilitation" contract the will the City of Boynton Beach provide the prior bid tabs, i.e., the contract bid items when this project was previously bid? A4: The City has not previously issued a formal bid for this requirement; therefore, there is no tabulation sheet to provide. Sincerely, AAMQ Tim W. Howard Assistant City Manager -Administration cc: Finance/Procurement 2 Page 1442 of 1675 The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P. O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561) 742-6310 FAX.- (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 1 ASPHALT AND SIDEWALK REHABILITATION BID NO.: 010-2512-18/IT RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE NAME OF COMPANY DATE 3 Page 1443 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (REVISED PER ADDENDUM NO. 1) TO: CITY OF BOYNTON BEACH The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate sheet for each. BASIS FOR AWARD:Award will be made to the lowest responsive, responsible bidder(s) on an item-by-item basis or by Total Bid bid amount,whichever is in the City's best interest. In accordance with the General Conditions, Special Conditions, Technical Specifications and Requirements, the undersigned bidder offers pricing and services as follows: Maintenanceof Traffic EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 1 Furnish and install steel traffic plates for EA 3 $ $ 12-ft wide traffic lane - daily rate 2 Furnish and install steel traffic plates for EA 3 $ $ 12-ft wide traffic lane -weekly rate Type I barricade per FDOT Standate 3 Index No. 600 — Provide for project EA 20 $ $ duration up to 14 days Type I barricade per FDOT Standate 4 Index No. 600 — Provide for project EA 20 $ $ duration up to 30 days Type 11 barricade per FDOT Standate 5 Index No. 600 — Provide for project EA 20 $ $ duration up to 14 days Type 11 barricade per FDOT Standate 6 Index No. 600 — Provide for project EA 10 $ $ duration up to 30 days Type III barricade per FDOT Standate 7 Index No. 600 — Provide for project EA 20 $ $ duration up to 14 days Type III barricade per FDOT Standate 8 Index No. 600 — Provide for project EA 10 $ $ duration up to 30 days THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 Page 1444 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) (REVISED PER ADDENDUM NO. 1) Maintenance of Traffic EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL Furnish and install temporary concrete 9 barrier wall - provide for project duration LF 25 $ $ up to 14 days Furnish and install temporary concrete 10 barrier wall - provide for project duration LF 25 $ $ up to 30 days Furnish and install temporary plastic 11 (water filled) barrier wall, 42" high — LF 25 $ $ provide for project duration up to 14 days Furnish and install temporary plastic 12 (water filled) barrier wall, 42" high — LF 25 $ $ provide for project duration up to 30 days 13 Portable 6 KW tower light (including EA 3 $ $ power source as required) —daily rate 14 Portable 6 KW tower light (including EA 3 $ $ ower source as required) —weekly rate Portable 6 KW tower light (including 15 power source as required) — monthly EA 3 $ $ rate 16 Portable Changeable Message Sign ED 1 $ $ PCMS 17 Portable Advance Warning Arrow Panel ED 1 $ $ THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 Page 1445 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) (REVISED PER ADDENDUM NO. 1) Earthwork and Site Restoration EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 18 Clearing and grubbing AC 0.1 $ $ 19 Remove and dispose of unsuitable CY 50 $ $ material 20 Import suitable fill material - in-place CY 50 $ $ 21 Staked silt fence LF 1,000 $ $ 22 Straw Bales (18X18X36) EA 100 $ $ 23 Sod, bahia SY 200 $ $ 24 Sod, floritam SY 200 $ $ 25 Floating Turbidity Barrier LF 200 $ $ Pavin and Concrete EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 26 12" Stabilized Subgrade (min. Ibr of SY 850 $ $ 40) 27 6" Limerock base (min. Ibr of 100), SY 850 $ $ including prime coat Each additional 2" Limerock base $ $ 28 (min. Ibr of 100), including prime SY 850 coat 29 Premium Sealcoat (up to 5,000 s SF 50,000 $ $ 30 Premium Sealcoat (5,000 sf— SF 50,000 $ $ 10,000 sf) 31 Premium Sealcoat (10,000 sf— SF 50,000 $ $ 20,000 s 32 Premium Sealcoat (20,000 sf— SF 50,000 $ $ [_ 50,000 sf) 33 Premium Sealcoat (50,000 sf or SF 50,000 $ $ greater) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 6 Page 1446 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET Continued REVISED PER ADDENDUM NO. 1 Paving and Concrete EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 1" Type S-III Asphaltic Concrete 34 place by paving machine, including TON 90,000 $ $ tack material & compaction (0 ton to 10 ton assignments) Each Additional 1/2" Type S-III Asphaltic Concrete place by paving $ $ 35 machine, including tack material & TON 45,000 compaction (0 ton to 10 ton assignments) 1" Type S-III Asphaltic Concrete 36 place by paving machine, including TON 90,000 $ $ tack material & compaction (10 ton to 50 ton assignments) Each Additional 1/2" Type S-III Asphaltic Concrete place by paving $ $ 37 machine, including tack material & TON 45,000 compaction (10 ton to 50 ton assignments) 1" Type S-III Asphaltic Concrete 38 place by paving machine, including TON 90,000 $ $ tack material & compaction (51 ton to 150 ton assignments) Each Additional 1/2" Type S-III Asphaltic Concrete place by paving $ $ 39 machine, including tack material & TON 45,000 compaction (51 ton to 150 ton assignments) 1" Type S-III Asphaltic Concrete 40 place by paving machine, including TON 90,000 $ $ tack material & compaction (151 ton to 499 ton assignments) Each Additional 1/2" Type S-III Asphaltic Concrete place by paving $ $ 41 machine, including tack material & TON 45,000 compaction (151 ton to 499 ton assignments) 1" Type S-III Asphaltic Concrete 42 place by paving machine, including TON 90,000 $ $ tack material & compaction (500 ton or greater assignments) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 7 Page 1447 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) (REVISED PER ADDENDUM NO. 1) Pav ng and Concrete EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL Each addt'I. 1/2" Type S-III Asphaltic 43 Concrete place by paving machine, TON 45,000 $ $ incl. tack material & compaction (500 ton or greater assignments) 2' wide paved shoulder, 3" thick Type 44 S-III asphaltic Concrete placed on 6" LF 300 $ $ base course, including excavation, compaction & material removal Asphalt SP-9.5 Asphaltic Concrete 45 hot mix, plant pick up by City during TON 5 $ $ normal batching operations 1" Average thinckness - Roadway Milling, incl. mobilization, MOT & all $ $ 46 incidental work & equip. to include SY 12,200 hauling off stockpiling, or otherwise disposing of material. 4ft wide and 6 in thick shellrock 47 shoulder installed flush with edge of LF 200 $ $ pavement includes excavations 48 Sawcut and Remove 1.5" of Asphalt SY 500 $ $ 49 Sawcut, Remove and Replace 1.5" of SY 5,000 $ $ Asphalt 50 Each additional 1" of Sawcut, SY 350 $ $ Remove and replacement of asphalt. 51 Sawcut, remove and replace 8 ft wide LF 300 $ $ asphalt path THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 8 Page 1448 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET Continued REVISED PER ADDENDUM NO. 1 Pavement Marking and Signage - price includes temporary markings EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 52 Thermo Plastic (Yellow Solid 6") LF 10,000 $ $ 53 Thermo Plastic (White Solid 6" ) LF 10,000 $ $ 54 Thermo Plastic (Yellow Solid 8" ) LF 500 $ $ 55 Thermo Plastic (White Solid 8" ) LF 500 $ $ 56 Thermo Plastic (Yellow Solid 10" ) LF 500 $ $ 57 Thermo Plastic (White Solid 10" ) LF 500 $ $ 58 Thermo Plastic (White Solid 12") LF 1,000 $ $ 59 Thermo Plastic (White Solid 18") LF 1,000 $ $ 60 Thermo Plastic (Yellow Solid 18") LF 1,000 $ $ 61 Thermo Plastic ( White Solid 24") LF 1,000 $ $ 62 Thermo Plastic ( Arrows) 8ft high EA 25 $ $ 63 Thermo Plastic ( Arrows) 1 part EA 25 $ $ 64 Thermo Plastic ( Stencil "RR" at EA 10 $ $ Railroad Crossings) 65 Thermo Plastic ( Stencil "SCHOOL" EA 10 $ $ 8ft high) 66 Thermo Plastic ( Stencil "MERGE") EA 5 $ $ 67 Thermo Plastic ( Stencil "Arrow" in EA 10 $ $ Bicycle Lane 68 Thermo Plastic (Handicap symbol) EA 10 $ $ 69 Thermo Plastic ( Stencil "Diamond" in EA 10 $ $ Bicycle Lane ) 70 Thermo Plastic ( Stencil "ONLY" 8ft EA 5 $ $ high) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 9 Page 1449 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) (REVISED PER ADDENDUM NO. 1) Pavement Marking and Signage - `rice includes emporary markings EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 71 Sharrows (Per FDOT standards) EA 30 $ $ 72 Retro Reflective Pavement Markers EA 500 $ $ -Y/Y remove and replace) 73 Retro Reflective Pavement Markers EA 500 $ $ - W/R (remove and replace) 74 Single Post Sign (up to 36" x 36") EA 30 $ $ 75 Single Post, two signs (up to 36" x EA 10 $ $ 36") 76 Remove sign post EA 20 $ $ 77 Remove, store and reinstall sign EA 20 $ $ and post 78 Remove Existing Theromplastic LF 150 $ $ Pavement Markings H droblast Make and install Street Name Sign 79 per MUTCD and City Standards on EA 100 $ $ sign (post not included) Concrete - excavation and haul-off to be included in cost EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 80 FDOT Index 304 Handicapped EA 30 $ $ Sidewalk (with detectable warning) 81 Concrete Curb " Type D" LF 1,000 $ $ Minimum assignments of 50 LF 82 Concrete Curb " Type F " LF 1,000 $ $ Minimum assignments of 50 LF 83 Valley Gutter Curb - Minimum LF 1,000 $ $ assignments of 50 LF 84 12" Concrete Header Curb - LF 1,000 $ $ Minimum assignments of 50 LF Concrete, 4" thick concrete 85 sidewalk including formwork, sod SF 1,500 $ $ removal & disposal (20 to 100 SY assignments)(3000 PSI W/Fiber) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 10 Page 1450 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) (REVISED PER ADDENDUM NO. 1) Concrete - excavation and haul-off to be included in cost EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL Concrete, 4" thick concrete 86 sidewalk including formwork, sod SF 1,000 $ $ removal & disposal (over 100 SY assi nments 3000 PSI W/Fiber Concrete, 6" thick concrete 87 sidewalk/driveway including SF 1,000 $ $ formwork, sod removal & disposal. (3000 PSI W/Fiber) 88 Sawcut, Remove and Replace 4ft wide Concrete Sidewalk (4" thick) SF 3,500 $ $ 89 Sawcut, Remove and Replace 4ft SF 650 wide Concrete Sidewalk (6" thick) $ $ 90 Handicapped Detectable Warnings EA 40 $ $ 91 Sawcut' remove and replace 12" LF 750 $ $ Header Curb Sawcut and remove 8 ft asphalt 91 path and base and replace with 4" LF 100 $ $ thick concrete sidewalk 93 Concrete removal SF 150 $ $ 94 Install 3 1/8" Paver Brick SF 150 $ $ 95 Remove Paver Bricks SF 150 $ $ THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 11 Page 1451 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) (REVISED PER ADDENDUM NO. 1) Miscellaneous EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 96 Adjust Manholes with riser rings EA 10 $ $ 97 Adjust valve boxes with riser rings EA 50 $ $ 98 Valve Box Furnish & Install EA 5 $ $ Remove existing Type C inlet grate 99 and replace with bicycle grate EA 10 $ $ Minimum 5 per assignment) Standard mailbox and/or standard 100 traffic control sign (single post), EA 50 $ $ removal & relocate. 101 Type-F (6x40) Traffic Loop EA 6 $ $ 102 Asphalt Core (min. EA 100 $ $ assignments: J — — 103 LBR testing (min. assignments: EA 100 $ $ GRAND TOTAL BID (ITEMS 1 THRU $ 404-103): COMPANY NAME NAME OF AUTHORIZED REPRESENTATIVE (PRINT) STREET ADDRESS TITLE CITY, STATE, ZIPCODE E-MAIL ADDRESS TELEPHONE NUMBER AUTHORIZED SIGNATURE THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 12 Page 1452 of 1675 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 4., Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX: (561)742-6316 ADDENDUM NO. 2 DATE: June 12, 2018 BID TITLE: ASPHALT AND SIDEWALK REHABILITATION BID NO.: 010-2512-18/IT This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 2 shall govern. Words in strikethre inh type are deletions from existing text. Words in bold, underlined type are additions to existing text. 1. The bid opening date has been revised from jure ''�U to June 22, 2018 at 2:30 PM. The location remains unchanged. 2. Refer to the Special Terms and Conditions: BID BOND/BID GUARANTY. This requirement is hereby removed in its entirety from this Bid. A Bid Bond/Bid Guaranty is not required with the bid submittal. «Qln r,l InQnnlTY Qln Qnnm• All bids; shall be ad•dOMpaRiedl by aR aGGeptable 504bird h-e-R d, Gash, GeFtifie d GheGk, OF Fmnno�Qer if Oho hid! amnunt exr--eeds $25,000.0-0. Sid hi distn he f.irpished n�rr_ess Tho hid hnnd! ho 5V, AMR hid nriGe and sh-All nnnstitito with the Git y to perform this work pursuant to the hid! 44 toes (10) days after he has ronoiye d! the GG.Atr7rts for ovon11tinn net as a PeRalt,i but as , , Of his hirJ 26 1d•h d•hod•Ls OF —Rid- Qd,ArJs ,mill ho rJ to SII ovd•opt the a,n,;;rrJorJ 1 Page 1453 of 1675 after GOMM GGOGR award. The awarded veRder's bid bE)Rd will be retwRed 61PGR reGeipt nf• DaymoR+ Rnnr! D,ihlin ('nnc+r,in+inn Rnnr! GGRtraGt and iRs iraRGe ren,iiFeMeR+c " 3. The Bid Sheets are revised and are included with this Addendum. These new price sheets must be submitted with your bid response in order for your bid to be considered responsive. a. Quantities for various bid items have been revised. b. Four(4) new bid items have been added to "Maintenance of Traffic." c. One (1) new bid item has been added to "Paving and Concrete." 4. As a condition of award, the City may require the apparent low bidder to submit proof of Performance/Payment Bond Capability as described in the Special Terms and Conditions, pages 13-14. If requested, the bidder must submit this documentation, within three (3) calendar days. A letter from a surety Firm stating that the bidder is considered bondable by the surety firm will meet this requirement (an actual Bid Bond is not required). 5. Clarification: In Addendum No. 1, the City provided a response to the question regarding the budget/cost estimate that "the department has budgeted approximately $300,000 for the work. The City estimates annual usage of approximately $1,500,000. This amount is only provided as an estimate and there is no guarantee of usage either expressed or implied. Sincerely, iO. LL-D Tim W. Howard Assistant City Manager -Administration cc: Finance/Procurement 2 Page 1454 of 1675 The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P. O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561) 742-6310 FAX.- (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 2 ASPHALT AND SIDEWALK REHABILITATION BID NO.: 010-2512-18/IT RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 2 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE NAME OF COMPANY DATE 3 Page 1455 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (REVISED PER ADDENDUM NO. 2) TO: CITY OF BOYNTON BEACH The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate sheet for each. BASIS FOR AWARD:Award will be made to the lowest responsive, responsible bidder(s) on an item-by-item basis or by Total Bid bid amount,whichever is in the City's best interest. In accordance with the General Conditions, Special Conditions, Technical Specifications and Requirements, the undersigned bidder offers pricing and services as follows: Maintenanceof Traffic EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 1 Furnish and install steel traffic plates for EA �3-1 $ $ 12-ft wide traffic lane - daily rate — 2 Furnish and install steel traffic plates for EA �3-1 $ $ 12-ft wide traffic lane -weekly rate — 3 MOT Certified Flagman (per person) HR 1 $ $ Type I barricade per FDOT Standard 4 Index No. 600— Provide for project EA 1 $ $ duration up to 7 days Type I barricade per FDOT Standard 5 Index No. 600 — Provide for project EA 281 $ $ duration up to 14 days Type I barricade per FDOT Standard 6 Index No. 600 — Provide for project EA 281 $ $ duration up to 30 days Type II barricade per FDOT Standard 7 Index No. 600— Provide for project EA 1 $ $ duration up to 7 days Type 11 barricade per FDOT Standard 8 Index No. 600 — Provide for project EA 281 $ $ duration up to 14 days THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 Page 1456 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) (REVISED PER ADDENDUM NO. 2) Maintenance of Traffic EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL Type II barricade per FDOT Standard 9 Index No. 600 — Provide for project EA 491 $ $ duration up to 30 days Type III barricade per FDOT Standard 10 Index No. 600— Provide for project EA 1 $ $ duration up to 7 days Type III barricade per FDOT Standard 11 Index No. 600 — Provide for project EA 291 $ $ duration up to 14 days Type III barricade per FDOT Standard 12 Index No. 600 — Provide for project EA 491 $ $ duration up to 30 days Furnish and install temporary concrete 13 barrier wall - provide for project duration LF 251 $ $ up to 14 days Furnish and install temporary concrete 14 barrier wall - provide for project duration LF 251 $ $ up to 30 days Furnish and install temporary plastic 15 (water filled) barrier wall, 42" high — LF 251 $ $ provide for project duration up to 14 days Furnish and install temporary plastic 16 (water filled) barrier wall, 42" high — LF 251 $ $ provide for project duration up to 30 days 17 Portable 6 KW tower light (including EA 31 $ $ ower source as required) —daily rate — 18 Portable 6 KW tower light (including EA 31 $ $ ower source as required) —weekly rate — Portable 6 KW tower light (including 19 power source as required) — monthly EA 31 $ $ rate 20 Portable Changeable Message Sign ED 1 $ $ PCMS 21 Portable Advance Warning Arrow Panel ED 1 $ $ THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 Page 1457 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) (REVISED PER ADDENDUM NO. 2) Earthwork and Site Restoration EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 22 Clearing and grubbing AC 0.1 $ $ 23 Remove and dispose of CY 591 $ $ unsuitable material — 24 Import suitable fill material - in- CY 591 $ $ place — 25 Staked silt fence LF 49001 $ $ 26 Straw Bales (18X18X36) EA 4-991 $ $ 27 Sod, bahia SY 2-991 $ $ 28 Sod, floritam SY 2-991 $ $ 29 Floating Turbidity Barrier LF 2-991 $ $ Paving and Concrete EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 30 12" Stabilized Subgrade (min. Ibr SY 850 $ $ of 40) 31 6" Limerock base (min. Ibr of SY 850 $ $ 100), including prime coat Each additional 2" Limerock $ $ 32 base (min. Ibr of 100), 0 RGI 61d 0 Rg SY 8591 33 Premium Sealcoat (up to 5,000 SF 50,0004,500 $ $ sf 34 Premium Sealcoat (5,000 sf— SF 50;0007,500 $ $ 10,000 sf 35 Premium Sealcoat (10,000 sf— SF 50;00015,000 $ $ 20,000 sf) 36 Premium Sealcoat (20,000 sf— SF 50;00035,500 $ $ 50,000 s 37 Premium Sealcoat (50,000 sf or SF 50,000 $ $ greater) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 6 Page 1458 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET Continued REVISED PER ADDENDUM NO. 2 Paving and Concrete EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 1" Type S-III Asphaltic Concrete place by paving machine, 38 including tack material & TON X8.5 $ $ compaction (0 ton to 10 ton assignments) Each Additional 1/2" Type S-III Asphaltic Concrete place by $ $ 39 paving machine, including tack TON 48.1 material & compaction (0 ton to 10 ton assignments) 1" Type S-III Asphaltic Concrete place by paving machine, 40 including tack material & TON G"G=72 $ $ compaction (10 ton to 50 ton assignments) Each Additional 1/2" Type S-III Asphaltic Concrete place by $ $ 41 paving machine, including tack TON 4&,4=.j material & compaction (10 ton to 50 ton assignments) 1" Type S-III Asphaltic Concrete place by paving machine, 42 including tack material & TON 99,990114 $ $ compaction (51 ton to 150 ton assignments) Each Additional 1/2" Type S-III Asphaltic Concrete place by $ $ 43 paving machine, including tack TON 48.1 material & compaction (51 ton to 150 ton assignments) 1" Type S-III Asphaltic Concrete place by paving machine, 44 including tack material & TON Q0,0aQ 33 $ $ compaction (151 ton to 499 ton assignments) Each Additional 1/2" Type S-III Asphaltic Concrete place by $ $ 45 paving machine, including tack TON 48.1 material & compaction (151 ton to 499 ton assignments) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 7 Page 1459 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) (REVISED PER ADDENDUM NO. 2) Paving and Concrete EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 1" Type S-III Asphaltic Concrete place by paving machine, 46 including tack material & TON 00,900880 $ $ compaction (500 ton or greater assignments) Each addt'l. 1/2" Type S-III Asphaltic Concrete place by 47 paving machine, incl. tack TON 45,0001 $ $ material & compaction (500 ton or greater assignments) 2' wide paved shoulder, 3" thick Type S-III asphaltic Concrete 48 placed on 6" base course, LF 300 $ $ including excavation, compaction & material removal Asphalt SP-9.5 Asphaltic 49 Concrete hot mix, plant pick up S-Y-TON 5 $ $ by City during normal batching operations 1" Average thickness - Roadway Milling, incl. mobilization, MOT & $ $ 50 all incidental work & equip. to SY 1T22997,750 include hauling off stockpiling, or otherwise disposing of material. 51 Each addt'I 1/2" thickness - SY 100 $ $ Roadway Milling. — — 4ft wide and 6 in thick shellrock 52 shoulder installed flush with edge LF 2-90185 $ $ of pavement (includes — excavations) 53 Sawcut & Remove 1.5" Asphalt SY 0091 $ 54 Sawcut, Remove and Replace SY 5,0007,300 $ $ 1.5" of Asphalt with S-111 55 Each additional 1" of Sawcut, SY 350 $ $ Remove & replace. of asphalt. 56 Sawcut, remove & replace 8 ft LF 300 $ $ wide asphalt path THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 8 Page 1460 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET Continued REVISED PER ADDENDUM NO. 2 Pavement Marking and Signage - price includes temporary markings EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 57 Thermo Plastic (Yellow Solid 6") LF 49;9991 $ $ 58 Thermo Plastic (White Solid 6" ) LF 48;9991 $ $ 59 Thermo Plastic (Yellow Solid 8" ) LF 9981 $ $ 60 Thermo Plastic (White Solid 8" ) LF 9981 $ $ 61 Thermo Plastic (Yellow Solid 10" ) LF 9991 $ $ 62 Thermo Plastic (White Solid 10" ) LF 8991 $ $ 63 Thermo Plastic (White Solid 12") LF 4991 $ $ 64 Thermo Plastic (White Solid 18") LF 4,9991 $ $ 65 Thermo Plastic (Yellow Solid 18") LF a,9991 $ $ 66 Thermo Plastic ( White Solid 24") LF 4991 $ $ 67 Thermo Plastic ( Arrows) 8ft high EA 2-51 $ $ 68 Thermo Plastic ( Arrows) 1 part EA 2-51 $ $ 69 Thermo Plastic ( Stencil "RR" at EA 4-91 $ $ Railroad Crossings) — 70 Thermo Plastic ( Stencil "SCHOOL" EA 4-91 $ $ 8ft high) — 71 Thermo Plastic ( Stencil "MERGE") EA 81 $ $ 72 Thermo Plastic ( Stencil "Arrow" in EA 4-91 $ $ Bicycle Lane — 73 Thermo Plastic (Handicap symbol) EA 4-01 $ $ 74 Thermo Plastic ( Stencil "Diamond" in EA 4-91 $ $ Bicycle Lane ) — 75 Thermo Plastic ( Stencil "ONLY" 8ft EA 81 $ $ high) THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 9 Page 1461 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) (REVISED PER ADDENDUM NO. 2) Pavement Marking and Signage - `rice includes emporary markings EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 76 Sharrows (Per FDOT standards) EA 001 $ $ 77 Retro Reflective Pavement Markers EA 0901 $ $ -Y/Y remove and replace) - 78 Retro Reflective Pavement Markers EA 0901 $ $ - W/R (remove and replace) - 79 Single Post Sign (up to 36" x 36") EA 001 $ $ 80 Single Post, two signs (up to 36" x EA 4-91 $ $ 36") 81 Remove sign post EA 291 $ $ 82 Remove, store and reinstall sign EA 291 $ $ and post - 83 Remove Existing Thermoplastic LF 44391 $ $ Pavement Markings H droblast - Make and install Street Name Sign 84 per MUTCD and City Standards on EA 4-G81 $ $ sign (post not included) Concrete - excavation and haul-off to be included in cost EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 85 FDOT Index 304 Handicapped EA 0040 $ $ Sidewalk (with detectable warning) Concrete Curb " Type D" full depth, 86 not extruded Minimum LF 40050 $ $ assignments of 50 LF 87 Concrete Curb " Type F " LF 4-980450 $ $ Minimum assignments of 50 LF 88 Valley Gutter Curb - Minimum LF 4-0010 $ $ assignments of 50 LF F8912" Concrete Header Curb - LF 4-90020 $ $ Minimum assignments of 50 LF THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 10 Page 1462 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) (REVISED PER ADDENDUM NO. 2) Concrete - excavation and haul-off to be included in cost EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL Concrete, 4" thick concrete sidewalk including formwork, sod 90 removal & disposal (20 to 100 SF 4-,589,500 $ $ SYSF assignments)(3000 PSI W/Fiber) Concrete, 4" thick concrete sidewalk including formwork, sod 91 removal & disposal (over 100 SF 4-,9981000 $ $ SYSF assignments)(3000 PSI W/Fiber Concrete, 6" thick concrete 92 sidewalk/driveway including SF 4-909600 $ $ formwork, sod removal & disposal. 3000 PSI W/Fiber Sawcut, Remove and Replace 4ft 93 wide Concrete Sidewalk (4" thick) SF 3500 $, $ 94 Sawcut, Remove and Replace 4ft SF 650 wide Concrete Sidewalk (6" thick) $ $ Handicapped Detectable 95 Warnings EA 40 $ $ 96 Sawcut, remove and replace 12" LF 750 $ $ Header Curb Sawcut and remove 8 ft asphalt 97 path and base and replace with 4" LF 490900 $ $ thick concrete sidewalk 98 Concrete slab removal SF 150 $ $ 99 Install 3 1/8" Paver Brick SF 150 $ $ 100 Remove Paver Bricks SF 450100 $ $ THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 11 Page 1463 of 1675 BID NO. 010-2512-18/IT ASPHALT AND SIDEWALK REHABILITATION BID SHEET (Continued) (REVISED PER ADDENDUM NO. 2) Miscellaneous EST ANNUAL DESCRIPTION UNIT QTY UNIT PRICE TOTAL 101 Adjust Manholes with riser rings EA 10 $ $ 102 Adjust valve boxes with riser rings EA 50 $ $ 103 Valve Box Furnish & Install EA 5 $ $ Remove existing Type C inlet grate 104 and replace with bicycle grate EA 10 $ $ Minimum 5 per assignment) Standard mailbox and/or standard 105 traffic control sign (single post), EA 50 $ $ removal & relocate. 106 Type-F (6x40) Traffic Loop EA 6 $ $ 107 Asphalt Core (min. EA 100 $ $ assignments: 5) — — 108 LBR testing (min. assignments: EA 100 $ $ GRAND TOTAL BID (ITEMS 1 THRU $ 404-108): COMPANY NAME NAME OF AUTHORIZED REPRESENTATIVE (PRINT) STREET ADDRESS TITLE CITY, STATE, ZIPCODE E-MAIL ADDRESS TELEPHONE NUMBER AUTHORIZED SIGNATURE THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 12 Page 1464 of 1675 7.D. BIDS AND PURCHASES OVER$100,000 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Approve the City of Boynton Beach utilizing the Palm Beach County Bid No. 18-069/MB for the purchase of Sodium Chloride, Solar Salt Quality, with Morton Salt, Inc. Palm Beach County complied with public bid requirements equal to and/or exceeding the City of Boynton Beach requirements. The anticipated expenditure for the purchase of sodium chloride for a one-year period is$160,000. EXPLANATION OF REQUEST: The Utility uses salt for the regeneration of the resin used in the MI EX process recently installed at the East Water Treatment Plant. The process needs high quality food grade solar salt for this process. It is delivered in bulk to two salt saturators in the rear of the plant. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In order to continue its ability to remove unwanted organics form the water the resin needs to be regenerated with a concentrated solution of salt. This enables the plant to pretreat the water from the western wellfield prior to continuing with the remainder of the east plant system, FISCAL IMPACT: Budgeted Funds are available in the chemicals budget. ALTERNATIVES: Seek an alternative supplier but without the volume purchasing power this bid achieves. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum PBC Bid for Salt Page 1465 of 1675 NCR ORI Purchasing Department 50 South Military Trail,Suite 110 Form L West Palm Beach,FL 33415-3199 July 24, 2018 (561)616-6800 FAX: (561)616-6811 Morton Salt, Inc. www.pbcgov.com/purchasing Charlie Cassell, Director, B2B Manufacturing Sales 444 West Lake Street, Suite 3000 Chicago, IL 60606 TERM CONTRACT#18069 Dear Vendor: This is to inform you that Palin Beach County Board of County Commissioners Palm Beach County ("County") is entering into a Term Contract with your company for SODIUM Board of County CHLORIDE SOLAR SALT QUALITY PURCHASE AND DELIVERY OF, based on: corn missioners Melissa McKinlay,Mayor [X] SOLICITATION #18-069IMB !Mack Bernard,Vice Mayor The term of this contract is 08/2012018 through 08/19/2019 and has an estimated dollar value of$1,040,850. Hal R.Valeche Paulette Burdick If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire term of the contract, including any renewals or extensions thereof. Dave Kerner County User Departments will issue individual"Delivery Orders"against this contract Steven L.Abrams as your authorization to deliver. The original invoice must be sent to the address on Mary Lou Berger the Delivery Order ("DO") and must reference the DO number (e.g:, DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bidlquote/response must be exactly the County Administrator same as it appears on the invoice and in the County's VSS system that can be accessed at httpsalpbevssP.co.palm-beach.fl,uslwebapplyssplAitSelfService. Failure to Verdenia C.Baker comply with the foregoing may result in a delay in processing payment. I If you have any questions, please contact Marva Brown at mbrownCa)pbcgov.arg or (561) 616-6815. Sincerely, I KathI en M. Scarlett Dire or c: Vernetha Green, Water Utilities Department File An Equal Opportunity Affirmative Action Employer" printed on recycled paper Page 1466 of 1675 BID RESPONSE Page 13 IFB#18-0691MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT ITEM ESTIMATED DESCRIPTION 12 MONTH UNIT UNIT PRICE TOTAL OFFER NO. QUANTITY SODIUM CHLORIDE, GRANULAR, SOLAR SALT 1 QUALITY, BULK DELIVERY in accordance with 8,100 TON $ 128.50 $ 1,040,850.00 AMA#8-200 Standards as specified herein. All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Acknowledge Qualification of Bidders information is included, per Term#9? YES/INITIAL Acknowledge Criminal History Records Check requirement, per Term #10? YES/INITIAL Acknowledge Insurance requirements, per Term#19? YES/INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms,conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7, if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: Morton Salt, Inc. 05/25/18 PRINT NAME:Charlie Cassell * SIGNATURE: PRINT TITLE: Director, 13213 Manufacturing Sales PRINT NAME: Peter Sashin, �± Senior Director, North American SIGNATOR PRINT TITLE.: Business Management, Retail and B213 i ADDRESS: 444 West Lake Street Suite 3000 CITY/STATE: Chicago, Illinois ZIP CODE: 60606 TELEPHONE# ( ) E-MAIL: buyindustrial@mortonsalt.com For Ordering: TOLL FREE # ( 844 ) 410-0513 FAX#: { 312 ) 896-9208 APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL ID# 27-3146174 I Page 1467 of 1675 z E o w}w �i . -�. a d) atom .� ri ¢W a c- Q +. 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U)i C w � CO ❑ O 00 LU a., w M I-- W W m EL 0 I Y N 0 z Page 1468 of 1675 Form J-SBE SBE PARTICIPATION EVALUATION FORM DATE SENT: June 1,2018 BUYER: MARVA BROWN IFB#18-069/MB TITLE: SODIUM CHLORIDE,SOLAR SALT QUALITY, PURCHASE AND DELIVERY TERM CONTRACT USER DEPARTMENT: WUD USER CONTACT: VERNETHA GREEN DATE REQUIRED TO BE RETURNED TO PURCHASING; JUNE 12.2018 SBE RECOMMENDED LANGUAGE: Established Goal of 15% The bid listed above has been opened and requires your evaluation. Attached are copies of the SBE Schedules as applicable. EVALUATE INFORMATION, MAKE DETERMINATIONS,SIGN,DATE AND RETURN. , RESPONDENTS BIDDER IS ELIGIBLE TO PERCENTAGE OF SEE RECEIVE RANKING UTILIZATION MORTON SALT ( % } /( } % KEY(S)FOR DETERMINATIONS: (PLEASE NOTE ABOVE) (1) YES (2) NO NOTE: RANKING(ESTABLISHED GOALS)—Award will be made to the bidder responsive to the SBE requirements or, in the event there are no bidders responsive to the SBE requirement,the bidder with the greatest SBE participation in excess of seven percent (7%), as long as the bid does not exceed the low bid (non-responsive to the SBE requirements)amount by 10%. REMARKS: 0 Signatur Title: Date: a,� Page 1469 of 1675 Board of County Commissioners CA C County Administrator O Melissa McKinlay, Mayor y' Verdenia C. Baker Mack Bernard,Vice Mayor +� Hal R.Valeche Paulette Burdick Dave Kerner Steven L.Abrams Mary Lou Berger Purchasing Department www.Pbcgov.org/Purchasing BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION IFI #18-0691MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT BID SUBMISSION DATE: MAY 31, 2018 AT 4:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department at (561) 616-6800. BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR.FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. C A U T I O N In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing .Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at hftps:Hpbcvssp.co.Raim-beach.fl.ustwebaDplyssp/AltSelfService. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor's sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from our VSS system or obtained directly from the PurchasN Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616-6800 FAX: (561) 616-6811 i Page 1470 of 1675; Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID IFB#18-0691MB IFB TITLE: SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF,TERM CONTRACT PURCHASING DEPARTMENT CONTACT: MARVA BROWN TELEPHONE NO.: (661)616-6815 FAX NO.: (561)242.6715 E-MAIL ADDRESS: mbrown(cDpbcctov.or4 All bid responses must be received on or before May 31, 2018, prior to 4:00 p.m., Palm Beach County local time. SUBMIT BID TO: Palm Beach County Purchasing Department,Attention: Marva Brown, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. This Invitation for Bid,General Conditions, Instructions to Bidders, Special Conditions,Specifications,Attachments,Amendments(if issued), and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for item(s) and 1 or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION successful bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid. Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions which forms the binding contract b. DISCRIMINATION PROHIBITED: Palm Beach County is between Palm Beach County and the successful bidder. Changes to this committed to assuring equal opportunity in the award of Invitation for Bid may be made pUl by written amendment issued by the contracts and complies with all laws prohibiting discrimination. County Purchasing Department. Bidders are further advised to closely Pursuant to Palm Beach County Resolution R-2017-1770, as examine every section of this document, to ensure that all sequentially may be amended, the successful bidder warrants and numbered pages are present, and to ensure that it is fully understood. represents that throughout the term of the contract, including Questions or requests for explanations or interpretations of this document any renewals thereof, all of its employees are treated equally must be submitted to the Purchasing Department contact in writing in during employment without regard to race, color, religion, sufficient time to permit a written response prior to the published bid disability, sex, age, national origin, ancestry, marital status, submission time. Oral explanations or instructions given by any County familial status, sexual orientation, gender identity or agent are not binding and should not be interpreted as altering any expression, or genetic information. Failure to meet this provision of this document. Bidder certifies that this bid is made without requirement shall be considered a default of contract. reliance on any oral representations made by the County. c. INDEPENDENT CONTRACTOR RELATIONSHIP: The The County's performance and obligation to pay under this contract is successful bidder is, and shall be, in the performance of all contingent upon an annual appropriation by the Board of County work, services, and activities under the Contract, an Commissioners for subsequent fiscal years. Independent Contractor and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the 2. LEGAL REQUIREMENTS work or services performed pursuant to the Contract shall at all times,and in all places, be subject to the successful bidder's a. COMPLIANCE WITH LAWS AND CODES: Federal, State, sole direction,supervision,and control. The successful bidder County and local laws,ordinances, rules and regulations that shall exercise control over the means and manner in which it in any manner affect the items covered herein apply. Lack of and its employees perform the work, and in all respects the knowledge by the bidder shall in no way be a cause for relief successful bidder's relationship, and the relationship of its from responsibility. The successful bidder shall strictly comply employees, to the COUNTY shall be that of an Independent with Federal, State and local building and safety codes. Contractor and not as employees or agents of the COUNTY. Equipment shall meet all State and Federal Safety regulations. Bidder certifies that all products (materials, equipment, d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: processes, or other items supplied in response to this bid) Pursuant to Palm Beach County Code Section 2-371 through contained in its bid meets all ANSI. NFPA, and all other 2-377, the Palm Beach County Criminal History Records Federal and State requirements. Bidder further certifies that, Check Ordinance ("Ordinance"), the County will conduct if it is the successful bidder, and the product delivered is fingerprint based criminal history record checks on all persons subsequently found to be deficient in any of the not employed by the County who repair, deliver, or provide aforementioned requirements in effect on date of delivery,all goods or services for, to, or on behalf of the County. A costs necessary to bring the product into compliance shall be fingerprint based criminal history record check shall be borne by the bidder. conducted on all employees of vendors, contractors, and subcontractors of contractors, including repair persons and Any toxic substance provided to the County as a result of this delivery persons,who are unescorted when entering a facility solicitation or resultant contract shall be accompanied by its determined to be either a critical facility("Critical Facilities")or Safety Data Sheet(SDS). a criminal justice information facility("CJI Facilities"),which are critical to the public safety and security of the County. County The Uniform Commercial Code(Florida Statutes,Chapter 672) facilities that require this heightened level of security are shall prevail as the basis for contractual obligations between the identified in Resolution R-2003-1274,as amended. In October Page 1471 of 1675 Page 3 2013, compliance with the requirements of the U. S. Federal j. INDEMNIFICATION: Regardless of the coverage provided by Bureau of Investigations CJI Security Policy was added to the any insurance, the successful bidder shall indemnify, save Ordinance, which includes a broad list of disqualifying harmless and defend the County, its agents, servants, or offenses. The bidder is solely responsible for understanding employees from and against any and all claims,liability,losses the financial, schedule, and 1 or staffing implications of this and I or causes of action which may arise from any negligent Ordinance. Further,the bidder acknowledges that its bid price act or omission of the successful bidder, its subcontractors, includes any and all direct or indirect costs associated with agents,servants or employees during the course of performing compliance with this Ordinance, except for the applicable services or caused by the goods provided pursuant to these FDLE 1 FBI fees that shall be paid by the County. bid documents and 1 or resultant contract. e. PUBLIC ENTITY CRIMES: F.S.287.133 requires Palm Beach k. PUBLIC RECORDS, ACCESS AND AUDITS: The bidder County to notify all bidders of the following: "A person or agrees that copies of any and all property, work product, affiliate who has been placed on the convicted vendor list documentation, reports, computer systems and software, following a conviction for a public entity crime may not submit schedules, graphs, outlines, books, manuals, logs, files, a bid on a contract with a public entity for the construction or deliverables, photographs, videos, tape recordings or data repair of a public building or public work, may not submit bids relating to the Contract which have been created as a part of on leases of real property to a public entity, may not be the bidder's services or authorized by the COUNTY as a awarded or perform work as a contractor, supplier, reimbursable expense, whether generated directly by the subcontractor, or consultant under a contract with any public bidder, or by or in conjunction or consultation with any other entity, and may not transact business with any public entity in party whether or not a party to the Contract,whether or not in excess of the threshold amount provided in F.S. 287.017 for privily of contract with the COUNTY or the bidder, and CATEGORY TWO for a period of 36 months from the date of wherever located shall be the property of the COUNTY. being placed on the convicted vendor list." Any material submitted in response to this solicitation is C NON-COLLUSION: Bidder certifies that it has entered into no considered a public document in accordance with Section agreement to commit a fraudulent, deceitful, unlawful, or 119.07, F.S. This includes material which the responding wrongful act, or any act which may result in unfair advantage bidder might consider to be confidential. All submitted for one or more bidders over other bidders. Conviction for the information that the responding bidder believes to be Commission of any fraud or act of collusion in connection with confidential and exempt from disclosure(i.e.,a trade secret or any sale,bid,quotation,proposal or other act incident to doing as provided for in Section 119.07 and Section 812.081, F.S.) business with Palm Beach County may result in permanent must be specifically identified as such. Upon receipt of a public debarment. records request for such information, a determination will be made as to whether the identified information is, in fact, No premiums, rebates or gratuities are permitted; either with, confidential. prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of The bidder shall maintain records related to all charges, materials, discontinuation of services, and removal from the expenses,and costs incurred in estimating and performing the vendor bid list(s),and 1 or debarment or suspension from doing work for at least three(3)years after completion or termination business with Palm Beach County. of the Contract. The COUNTY shall have access to such records as required in this Section for the purpose of inspection g. LOBBYING: Bidders are advised that the "Palm Beach or audit during normal business hours,at the Bidder's place of County Lobbyist Registration Ordinance"prohibits a bidder or business. anyone representing the bidder from communicating with any County Commissioner, County Commissioner's staff, or any Notwithstanding anything contained herein,as provided under employee authorized to act on behalf of the Commission to Section 119.0701, F.S., if the Bidder: (f) provides a service; award a particular contract regarding its bid, i.e., a "Cone of and(ii)acts on behalf of the COUNTY as provided under Silence". Section 119.011(2), F.S., the Bidder shall comply with the requirements of Section 119.0701, Florida Statutes, as it may The "Cone of Silence" is in effect from the date 1 time of the be amended from time to time. The Bidder is specifically deadline for submission of the bid, and terminates at the time required to: that the Board of County Commissioners or a County Department authorized to act on their behalf, awards or 1. Keep and maintain public records required by the approves a contract, rejects all bids, or otherwise takes action COUNTY to perform services provided under the Contract. which ends the solicitation process. 2. Upon request from the COUNTY's Custodian of Public Records ("County's Custodian") or COUNTY's Bidders may, however, contact any County Commissioner, representative/liaison,on behalf of the County's Custodian, County Commissioner's staff,or any employee authorized to act provide the COUNTY with a copy of the requested records on behalf of the Commission to award a particular contract,via or allow the records to be inspected or copied within a written communication, i.e.,facsimile,e-mail or U.S.mail, reasonable time at a cost that does not exceed the cost Violations of the"Cone of Silence" are punishable by a fine of provided in Chapter 119 or as otherwise provided by $250.00 per violation. law. The Bidder further agrees that all fees, charges and expenses shall be determined in accordance with Palm h. CONFLICT OF INTEREST: All bidders shall disclose with their Beach County PPM CW-F-002, Fees Associated with bid the name of any officer, director, or agent who is also an Public Records Requests, as it may be amended or employee or a relative of an employee of Palm Beach County. replaced from time to time. Further, all bidders shall disclose the name of any County 3. Ensure that public records that are exempt,or confidential employee or relative of a County employee who owns,directly and exempt from public records disclosure requirements or indirectly,an interest of ten percent or more in the bidder's are not disclosed except as authorized by law for the firm or any of its branches. duration of the contract term and following completion of the Contract,if the Bidder does not transfer the records to i. SUCCESSORS AND ASSIGNS: The County and the the public agency. Nothing contained herein shall prevent successful bidder each binds itself and its successors and the disclosure of or the provision of records to the assigns to the other party in respect to all provisions of the COUNTY. Contract. Neither the County nor the successful bidder shall 4. Upon completion of the Contract,the Bidder shall transfer, assign, sublet, convey or transfer its interest in the Contract at no cost to the COUNTY, all public records in without the prior written consent of the other. possession of the Bidder unless notified by COUNTY's representativelliaison, on behalf of the County's Custodian, to keep and maintain public records required Page 1472 of 1675 Page 4 by the COUNTY to perform the service. If the Bidder entity not a party to the Contract, including but not limited to transfers all public records to the COUNTY upon any citizen or employees of the County and 1 or successful completion of the Contract, the Bidder shall destroy any bidder. duplicate public records that are exempt, or confidential and exempt from public records disclosure o. SCRUTINIZED COMPANIES(WHEN CONTRACT VALUE IS requirements. If the Bidder keeps and maintains public GREATER THAN$1 MILLION): As provided in F.S.287.135, j records upon completion of the Contract,the Bidder shall by entering into a Contract or performing any work in meet all applicable requirements for retaining public furtherance of this Invitation for Bid,the BIDDER certifies that records. All records stored electronically by the Bidder it, its affiliates,suppliers,subcontractors and consultants who must be provided to the COUNTY, upon request of the will perform hereunder, have not been placed on the County's Custodian or the COUNTY's Scrutinized Companies With Activities in Sudan List or representativelliaison, on behalf of the County's Scrutinized Companies With Activities in The Iran Petroleum Custodian, in a format that is compatible with the Energy Sector List created pursuant to F.S. 215.473, , or on information technology systems of COUNTY,at no cost to the Scrutinized Companies that boycott Israel List, or is COUNTY. engaged in a boycott of Israel,pursuant to F.S.215.4725,or is engaged in business operations in Cuba or Syria. Bidder acknowledges that it has familiarized itself with the requirements of Chapter 119, F. S., and other requirements If the County determines, using credible information available of state law applicable to public records not specifically set to the public, that a false certification has been submitted by forth herein. Failure of the Bidder to comply with the BIDDER,the resulting Contractfrom this Invitation for Bid may requirements of this Section, Chapter 119, F.S. and other be terminated and a civil penalty equal to the greater of $2 applicable requirements of state law, shall be a material million or twice the amount of the Contract shall be imposed, j breach of the Contract. COUNTY shall have the right to pursuant to F.S.287.135. exercise any and all remedies available to it for breach of j contract,including but not limited to,the right to terminate for 3. BID SUBMISSION cause. a. SUBMISSION OF RESPONSES: All bid responses must be IF THE BIDDER HAS submitted on the provided Invitation for Bid "Response" Form. Bid responses on vendor letterhead 1 quotation forms QUESTIONS REGARDING THE shall not be accepted. Responses must be typewritten, written in ink or a photocopy and must be signed by an agent APPLICATION OF CHAPTER of the company having authority to bind the company or firm. FAILURE TO IGN THE BIDFORM AT THE 119, FLORIDA STATUTES, TOINDICATED PLACES SHALL EECAUSE FOR REJECTION THE BIDDER'S DUTY TO OF THE BID. Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than the time PROVIDE PUBLIC RECORDS indicated on the solicitation preamble,and must be submitted in j a sealed envelope or container bearing the bid number for RELATING TO THE CONTRACT, proper handling. PLEASE CONTACT THE b. CERTIFICATIONS. LICENSES AND PERMITS: Unless CUSTODIAN OF PUBLIC otherwise directed in sub-paragraph d.(Local Preference)or the Special Conditions of this bid, bidder should include with its bid RECORDS AT RECORDS a copy of all applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Construction REQUEST, PALM BEACH Industry Licensing Board in the name of the bidder shown on COUNTY PUBLIC AFFAIRS the bid response page. It shall also be the responsibility of the successful bidder to maintain a current Local Business Tax DEPARTMENT, 301 N. OLIVE Receipt(Occupational License)for Palm Beach County and all permits required to complete the contractual service at no AVENUE, WEST PALM BEACH, additional cost to Palm Beach County. A Palm Beach County Local Business Tax Receipt(Occupational License)is required FL 33401, BY E-MAIL AT unless specifically exempted by law. In lieu of a Palm Beach PBCGOV. County Local Business Tax Receipt(Occupational License),the RECORDSREQU EST bidder should include the current Local Business Tax Receipt ORG OR BY TELEPHONE AT (Occupational License)issued to the bidder in the response. It is the responsibility of the successful bidder to ensure that all 561-355-6680. required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to i. INCORPORATION. PRECEDENCE. JURISDICTION, meet this requirement shall be considered default of contract. GOVERNING LAW: This Invitation for Bid shall be included c. SBE BID DOCUMENT LANGUAGE and incorporated in the final award. The order of contractual precedence shall be the bid document (original terms and Item 1—Policv conditions),bid response,and purchase order or term contract It is the policy of the Board of County Commissioners of Palm order. Any and all legal action necessary to enforce the award Beach County,Florida,that SBE(s)have the maximum practical or the resultant contract shall ti governed by the laws of the opportunity to participate in the competitive process of supplying State of Florida. Any legal action necessary to enforce the goods, services and construction to the County. To that end, award a the dictionresultal contract will be held in a court of the Board of County Commissioners adopted a Small Business competent jurisdiction located in Palm Beach County, Florida. Ordinance which is codified in Sections 2-80.21 through 2-80.34 m. LEGAL EXPENSES: The County shall not be liable to a bidder (as amended)of the Palm Beach County Code,which sets forth for any legal fees,court costs,or other legal expenses arising the County's requirements for the 58E program, and is from the interpretation or enforcement of the contract,or from incorporated in this solicitation. Compliance with the any other matter generated by or relating to the contract. requirements contained in this section shall result in a bidder being deemed responsive to SBE requirements. The provisions n. NO THIRD PARTY BENEFICIARIES: No provision of the of this Ordinance are applicable to this solicitation, and shall Contract is intended to, or shall be construed to, create any have precedence over the provisions of this solicitation in the tf third party beneficiary or to provide any rights to any person or evenoa conflict. Page 1473 of 1675 Page 5 Although preferences will not be extended to certified MNVBEs, 2 shall be completed and signed by the proposed SBE unless otherwise provided by law, businesses eligible for subcontractor listed on Schedule 1. SBE Primes and SBE certification as an MNUBE are encouraged to maintain their Subcontractors shall specify the type of work to be performed, certification in order to assist in the tracking of MANSE the cost and 1 or percentage. If the SBE intends to subcontract availability and awards of contracts to MMfBEs. This any portion of the job to another certified SBE,or non-SBE,they information is vital to determining whether race and gender are required to list the amount and the name of the neutral programs assist M/4NBE firms or whether race and subcontractor on this form. The Prime may count toward its gender preferences are necessary in order to address any SBE goal second and third tiered SBE subcontractors;provided continued discrimination in the market, that the Prime submits a completed Schedule 2 form for each SBE subcontractor. Additional sheets may be used as needed. Item 2—SBE Goals In lieu of a Schedule 2, a detailed responsive proposal may be The County has established a minimum goal of 15% SBE acceptable. participation for all County solicitations, inclusive of all alternates and change orders. This goal is a minimum,and no Item 5--SBE Certification rounding will be accepted. Only those firms certified by Palm Beach County at the time of bid submission shall be counted toward the established SBE Item 3—Ranking of Responsive Bidders goals. Upon receipt of a complete application, IT TAKES UP Bidders who meet the SBE goal will be deemed to be TO NINETY(90)DAYS TO BECOME CERTIFIED AS AN SBE responsive to the SBE requirement. WITH PALM BEACH COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed SBE; a. In evaluating competitive bids or quotes between $1,000 therefore, it is recommended that bidders visit the on-line and one million dollars($1,000,000)where the low bidder Vendor Directory at www.pbcgov.ora/osba to verify SBE is non-responsive to the SBE requirement, the contract certification. shall be awarded to the low bidder responsive to the SBE requirement as long as the bid does not exceed the low bid Item 6 — Counting SBE Participation „(and MIWBE amount by 10%. In the event there are no bidders Participation for Tracking Purposes) responsive to the SBE requirement, the contract shall be awarded to the bidder with the greatest SBE participation a. Once a firm is determined to be an eligible SBE according in excess of seven percent(7%) participation, as long as to the Palm Beach County certification procedures, the the bid does not exceed the low bid amount by ten percent County or the Prime may count toward its SBE goals only (10%), that portion of the total dollar value of a contract performed by the SBE. Prior to issue,total dollar value of a contract b. In evaluating bids in excess of one million dollars will be determined by the PBC user department by defining ($1,000,000), where the low bidder is non-responsive to factors to be considered as value. Total dollar value of the SBE requirement,the contract shall be awarded to the retail contracts shall be determined by Gross Receipts. low bidder responsive to the SBE requirements provided that such bid does not exceed the lowest responsive bid b. The County may count toward its SBE goals the total value by more than one hundred thousand dollars ($100,000) of a contract awarded to an eligible SBE firm that plus three percent (3%) of the total bid in excess of one subsequently is decertified or whose certification has million dollars ($1,000,000). In the event there are no expired after a contract award date or during the bidders responsive to the SBE goal,the contract shall be performance of the contract. awarded to the bidder with the greatest SBE participation in excess of seven percent (7%) participation, provided c. The County or Prime may count toward its SBE goal a that such bid does not exceed the lowest responsive bid portion of the total dollar value of a contract with a joint by more than one hundred thousand dollars ($100,000) venture,eligible under the standards for certification,equal plus three percent (3%) of the total bid in excess of one to the percentage of the ownership and control of the SBE million dollars($1,000,000). partner in the joint venture. Item 4--Bid Submission Documentation d. The County or Prime may count toward its SBE goal the SBE bidders,bidding as prime contractors,are advised thatthey entire expenditures for materials and equipment must complete Schedule 1 and Schedule 2, listing the work to purchased by an SBE subcontractor, provided that the be performed by their own workforce,as well as the work to be SBE subcontractor has the responsibility for the installation performed by any SBE subcontractor. Failure to include this of the purchased materials and equipment. information on Schedule 1 will result in the participation by the SBE prime bidders own workforce NOT being counted towards e. The County or Prime may count the entire expenditure to meeting the SBE goal. This requirement applies even if the SBE an SBE manufacturer (i.e., a supplier / distributor that contractor intends to perform 100% of the work with their own produces goods from raw materials or substantially alters workforce. the goods before resale). Bidders are required to submit with their bid the appropriate f. The County or Prime may count sixty percent(60%)of its SBE-M/WBE schedules in order to be deemed responsive to the expenditure to SBE suppliers / distributors that are not SBE requirements. SBE-MIVVBE documentation to be manufacturers. submitted is as follows; g. The County or Prime may count toward its SBE goal Schedule 7 — List of Proposed SBE and M!WBE second and third tiered SBE subcontractors;provided that Participation the Prime submits a completed Schedule 2 form for each This list shall contain the names of the SBE Prime SBE and SBE subcontractor. subcontractors intended to be used in performance of the contract,if awarded. This schedule shall also be used if an SBE h. The County or Prime may only count toward its SBE goal prime bidder is utilizing ANY subcontractors. the goods and services in which the SBE is certified and performs with its own forces. (Only. Job Order Contracting (JOC) contracts and Task Authorizations for annual contracts may be excluded from Item 7—Responsibilities After Contract Award this requirement.) Schedule 3—SBE-MIWBE Activity Form Schedule(s)2—Letter(s)of Intent to Perform as an SBE or This form shall be submitted by the prime contractor with each MIWBE Subcontractor payment application when SBE subcontractors are utilized in A Schedule 2 shall be completed by the SBE Prime. A Schedule the performance of the contract. This form shall contain the Page 1474 of 1675 Page 6 names of all SBE subcontractors, specify the subcontracted business means that the bidder's headquarters is located dollar amount for each subcontractor and show amount drawn in Palm Beach County or in the Glades,as applicable; or, and payments to date issued to subcontractors. This form is the bidder has a permanent office or other site in Palm intended to be utilized on all non-professional services Beach County or in the Glades, as applicable, where the contracts. bidder will produce a substantial portion of the goods or services to be purchased. A valid Business Tax Receipt Schedule 4—SBE-M/WBE Payment Certification issued by the Palm Beach County Tax Collector is A Schedule 4 for each SBE sub shall be completed and signed required,unless the bidder is exempt from the business tax by the proposed SBE after receipt of payment from the Prime. receipt requirement by law, and will be used to verify that If a SBE subcontractor intends to disburse any funds associated the bidder had a permanent place of business prior to the with this payment to any subcontractor for labor provided on this issuance of this Notice of Solicitation 1 Invitation for Bid. In contract, the amount and name of the subcontractor must be addition,the attached"Certification of Business Location" listed on this form. In addition, if the named subcontractor is a and Business Tax Receipt must accompany the bid at the certified SBE,then a Schedule 4 shall be completed and signed time of bid submission. The Palms Beach County Business by the named SBE after receipt of payment from the SBE Tax Receipt and this Certification are the sole determinant subcontractor. When applicable, the Prime shall submit this of local preference eligibility. Errors in the completion of form with each application submitted to the County for payment this Certification or failure to submit this completed to document payment issued to a sub in the performance of the Certification will cause the bidder/proposer to not receive contract. a local preference. All bidders hereby assure that they will meet the SBE e. DRUG FREE WORKPLACE CERTIFICATION: In compliance participation percentages submitted in their respective bids with with Florida Statute(Section 287.087)attached form"Drug-Free the subcontractors contained on Schedules f and 2 and at the Workplace Certification"should be fully executed and submitted dollar values specified. Bidders agree to provide any additional with bid response in order to be considered for a preference information requested by the County to substantiate whenever two(2)or more bids which are equal with respect to participation. price,quality,and service are received by Palm Beach County. The successful bidder shall submit an SBE-MIWBE Activity f. CONDITIONED OFFERS: Bidders are cautioned that any Form (Schedule 3) and SBE-MNVBE Payment Certification condition,qualification,provision,or comment in their bid,or in Forms(Schedule 4)with each payment application. Failure to other correspondence transmitted with their bid, which in any provide these forms may result in a delay in processing payment way modifies, takes exception to, or is inconsistent with the or disapproval of the invoice until they are submitted. The SBE- specifications, requirements,or any of the terms,conditions, or MNVBE Activity Form is to be filled out by the Prime Contractor provisions of this solicitation,is sufficient cause for the rejection and the SSE-MNVBE Payment Certification Forms are to be of their bid as non-responsive. executed by the SBE or MNVBE firm to verify receipt of payment. g. PRICING: Item 8—SBE Substitutions 1. Prices offered must be the price for new merchandise and After contract award,the successful bidder will only be permitted free from defect. Unless specifically requested in the bid to replace a certified SBE subcontractor who is unwilling or specifications,any bids containing modifying or escalation unable to perform. Such substitution must be done with Other clauses shall be rejected. certified SBE's in order to maintain the SSE percentages 2. The price offered must be in accordance with the unit of submitted with the bid. Requests for substitutions must be measure provided on the bid response page(s). One(1) submitted to the user Department and OSBA. space or line requires only one(1)single,fixed unit price. Anything other than a single,fixed unit price shall result in d. LOCAL PREFERENCE ORDINANCE: In accordance with the the rejection of your bid. Palm Beach County Local Preference Ordinance,a preference 3. All unit prices bid should be within two(2)decimal points. may be given to (1) bidders having a permanent place of If bidder's pricing exceeds two (2) decimal points, business in Palm Beach County or (2) bidders having a Purchasing reserves the right to round up or down permanent place of business in the Glades that are able to accordingly. provide the goods or services within the Glades. 4. Bidderwarrants by virtue of bidding that prices shall remain firm for a period of ninety(90)days from the date of bid 1. Glades Local Preference: Pursuant to the Palm Beach submission to allow for evaluation and award. County Local Preference Ordinance, a 5% Glades Local 5. Bidder warrants by virtue of bidding that prices shall remain Preference is given when a Glades business offers to firm for the initial and any subsequent term, provide the goods or services that will be procured for use 6. In the event of mathematical error(s), the unit price shall in the Glades. If the lowest responsive,responsible bidder prevail and the bidder's total offer shall be corrected is a non-Glades business, all bids received from accordingly. BIDS HAVING ERASURES OR responsive, responsible Glades businesses will be CORRECTIONS MUST BE INITIALED BY THE BIDDER decreased by 5%. The original bid amount is not changed. PRIOR TO BID SUBMISSION. IF THE CORRECTION IS The 5%decrease given for the Glades Local Preference is NOT PROPERLY INITIALED, OR IF THE INTENT OR calculated only for the purpose of determining local LEGIBILITY OF THE CORRECTION IS NOT CLEAR, preference. THE BID SHALL BE REJECTED. 2. Local Preference: Pursuant to the Palm Beach County 7. Bidders may offer a cash discount for prompt payment. Local Preference Ordinance, a 5% Local Preference is However, such discounts shall not be considered in given to bidders having a permanent place of business in determining the lowest net cost forbid evaluation purposes Palm Beach County. If the lowest responsive,responsible unless otherwise specified in the special conditions. bidder is a non-local business; all bids received from Bidders should reflect any discounts to be considered in responsive, responsible local businesses will be the unit prices bid, decreased by 5%. The original bid amount is not changed. The 5% decrease given for the Local Preference is h. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to calculated only for the purpose of determining local bid on some items sought by this solicitation should mark those preference. items as"no bid". If some items are to be offered at no charge, 3. To receive a Glades Local Preference or a Local bidders should mark those items as "no charge". Items left Preference(collectively referred to as"local preference"), blank shall be considered a "no bid"for that item, and the bid a bidder must have a permanent place of business in shall be evaluated accordingly. existence prior to the County's issuance of this Notice of Solicitation / Invitation for Bid. A permanent place of Page 1475 of 1675 Page 7 i. ACCEPTANCE 1 REJECTION OF BIDS: Palm Beach County pricing to one of its customer(s), the successful bidder shall reserves the right to accept or to reject any or all bids. Palm extend to the Countythe same pricing orthe then current market Beach County also reserves the right to (1) waive any non- price,whichever is lower. substantive irregularities and technicalities; (2)reject the bid of any bidder who has previously failed in the proper performance 4. BID SUBMISSION TIME 1 AWARD OF BID of a contract of a similar nature, who has been suspended or debarred by another governmental entity, or who is not in a a. OBSERVING THE PUBLISHED BID SUBMISSION TIME: The position to perform properly under this award;and(3)inspect all published bid submission time shall be scrupulously facilities of bidders in order to make a determination as to its observed. It is the sole responsibility of the bidder to ensure ability to perform. that their bid arrives in the Purchasing Department prior to the Palm Beach County reserves the right to reject any offer or bid published bid submission time. Any bid delivered after the if the prices for any line items or subiine items are materially precise published time of bid submission shall not be unbalanced. An offer is materially unbalanced if it is considered, and shall be returned to the bidder unopened if mathematically unbalanced,and if there is reason to believe that bidder identification is possible without opening. Bid responses the offer would not result in the lowest overall cost to the County, by telephone, electronics, or facsimile shall not be even though it is the lowest evaluated offer. An offer is accepted. Bidders shall not be allowed to modify their bids after mathematically unbalanced if it is based on prices which are the published bid submission time. significantly less than fair market price for some bid line item and significantly greater than fair market price for other bid line b. POSTING OF AWARD RECOMMENDATION: Recommended items. Fair market price shall be determined based on industry awards shall be publicly posted for review, at the Purchasing standards, comparable bids or offers, existing contracts, or Department and on the Purchasing Department website at other means of establishing a range of current prices for which www.r)bcgov.org/purchasing prior to final approval, and shall the line items may be obtained in the market place. The remain posted for a period of five(5)business days. The official determination of whether a particular offeror bid is materially posting on the Purchasing Department website shall prevail if a unbalanced shall be made in writing by the Purchasing Director, discrepancy exists between the referenced listings, citing the basis for the determination. c. PROTEST PROCEDURE: Protest procedures are provided in j. NON-EXCLUSIVE: The County reserves the right to acquire the Palm Beach County Purchasing Code. Protests must be some or all of these goods and services through a State of submitted in writing, addressed to the Director of Purchasing, Florida contract under the provisions of Section 287.042,Florida via hand delivery, mail or fax to(561)242-6705. Protest must Statutes, provided the State of Florida contract offers a lower identify the solicitation,specify the basis for the protest,and be price for the same goods and services. This reservation applies received by the Purchasing Department within five(5)business both to the initial award of this solicitation and to acquisition after days of the posting date of the recommended award. The a term contract may be awarded. Additionally, Palm Beach protest is considered filed when it is received by the Purchasing County reserves the right to award other contracts for goods and Department. Failure to file protest as outlined in the Palm Beach services falling within the scope of this solicitation and resultant County Purchasing Code shall constitute a waiver of contract when the specifications differ from this solicitation or proceedings under the referenced County Code. resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this 5. CONTRACT ADMINISTRATION solicitation or resultant contract. a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall k. OFFER EXTENDED TO OTHER GOVERNMENTAL be made as soon as possible. Deliveries resulting from this bid ENTITIES: Palm Beach County encourages and agrees to the are to be made during the normal working hours of the County. successful bidder extending the pricing,terms and conditions of Time is of the essence and delivery dates must be met. Should this solicitation or resultant contract to other governmental the successful bidder fail to deliver on or before the stated dates, entities at the discretion of the successful bidder. the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The successful bidder shall I. PERFORMANCE DURING EMERGENCY: By submitting a bid, be responsible for making any and all claims against carriers for bidder agrees and promises that,immediately preceding,during missing or damaged items. and after a public emergency, disaster, hurricane,flood, or act of God, Palm Beach County shall be given "first priority'for all Delivered items shall not be considered "accepted" until an goods and services under the contract. Bidder agrees to authorized agent for Palm Beach County has, by inspection or provide all goods and services to Palm Beach County test of such items,determined that they appear to fully comply immediately preceding, during and after a public emergency, with specifications. The Board of County Commissioners may disaster,hurricane,flood,or act of God,at the terms,conditions, return,at the expense of the successful bidder and for full credit, and prices as provided in this solicitation on a "first priority" any item(s) received which fail to meet the County's basis. Bidder shall furnish a 24-hour phone number to the specifications or performance standards. County. Failure to provide the goods or services to the County on a first priority basis immediately preceding,during and after b. FEDERAL AND STATE TAX: Palm Beach County is exempt a public emergency, disaster, hurricane, flood, or act of God, from Federal and State taxes. The authorized agent for shall constitute breach of contract and subject the bidder to Purchasing shall provide an exemption certificate to the sanctions from doing further business with the County. successful bidder, upon request. Successful bidders are not exempted from paying sales tax to their suppliers for materials m. SALES PROMOTIONS 1 PRICE REDUCTIONS I MOST to fulfill contractual obligations with the County, nor are FAVORED CUSTOMER: Should sales promotions occur successful bidders authorized to use the County's Tax during the term of the contract that lower the price of the Exemption Number in securing such materials. Any sales tax procured item,the successful bidder shall extend to the County paid by successful bidders to their suppliers for materials to fulfill the lower price offered by the manufacturer on any such contractual obligations with the County are not reimbursable by promotional item. Further, any price decreases effectuated the County to the successful bidder. during the contract period by reason of market change or otherwise, shall be passed on to Palm Beach County. c. PAYMENT: In order for Palm Beach County to make payment, Additionally, anytime after award, the successful bidder may the Vendor's Legal Name; Vendor's Address; and Vendor's offer a reduced price which shall remain in effect forthe duration TIN/FEIN Number on the successful bidder's bid; must be of the contract. The successful bidder warrants that the price(s) exactly the same as it appears on the invoice and in Palm Beach shall not exceed the successful bidder's price(s)extended to its County's VSS system which can be accessed at most favored customer for the same or similar goods or services httns:llobcvsao.co.osim-beach.fl.us/wehapp/vsso/AltSelfService. in similar quantities, or the current market price, whichever is lower. In the event the successful bidder offers more favorable Page 1476 of 1675 Page 8 Successful bidders shall send ALL ORIGINAL_invoices to the following address and may send copies of invoices to the Palm g. REMEDIES: No remedy herein conferred upon any party is Beach County Department requesting the intended to be exclusive of any other remedy, and each and goods/services. Invoices submitted on carbon paper shall not every such remedy shall be cumulative and shall be in addition be accepted. to every other remedy given hereunder now or.hereafter existing at law,or in equity,by statute or otherwise. No single or partial PALM BEACH COUNTY exercise by any party of any right,power,or remedy hereunder FINANCE DEPT. shall preclude any other or furtherexercise thereof. P.O.BOX 4036 WEST PALM BEACH,FL 33402-4036 6. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS: Pursuant to Palm Beach County Code, Payment shall be made by the County after goods 1 services Section 2-421 —2-440, as amended, Palm Beach County's Office of have been received, accepted and properly invoiced as Inspector General is authorized to review past,present and proposed indicated in the contract and/or order. Invoices must bear the County contracts, transactions, accounts, and records. The order number. The Florida Prompt Payment Act is applicable to Inspector General's authority includes,but is not limited to,the power this solicitation.Interest penalties will only be paid in accordance to audit, investigate, monitor, and inspect the activities of entities With the Florida Prompt Payment Act,Florida Statute 218.70. contracting with the County,or anyone acting on their behalf,in order Note: Palm Beach County Vendors can now be paid by to ensure compliance with contract requirements and to detect Credit Card via the County's voluntary Payment Manager corruption and fraud. Failure to cooperate with the Inspector General Program. For vendors who don't have a merchant account, or interfering with or impeding any investigation shall be a violation of one is needed to utilize the Program. For vendors with a Palm Beach County Code, Section 2-421 — 2-440, and punished merchant account, you will need to enroll with the Palm Beach pursuant to Section 925.69,Florida Statutes, in the same manner as County Clerk & Comptroller's office. For information, contact a second degree misdemeanor. the Palm Beach County Clerk & Comptroller at gbcoavmentmorfcDmvoalmbeachclerk.com. 7. BUSINESS INFORMATION: If bidder is a Joint Venture for the goods/services described herein,bidder shall,upon request of Palm d. CHANGES: The Director of Purchasing, Palm Beach County, Beach County,provide a copy of the Joint Venture Agreement signed by written notification to the successful bidder may make minor by all parties. changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope,nature, or price of the specified goods or services. Typical minor THIS IS THE END OF"GENERAL CONDITIONS" changes include,but are not limited to,place of delivery,method of shipment,minor revisions to customized work specifications, and administration of the contract. The successful bidder shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners. e. DEFAULT: The County may, by written notice of default to the successful bidder, terminate the contract in whole or in part if the successful bidder fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or provides repeated non-performance, or does not remedy such failure within a period of 10 days(or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates the contract in whole or in part because of default of the successful bidder, the County may procure goods and/or services similar to those terminated,and the successful bidder shall be liable for any excess costs incurred due to this action. If it is determined that the successful bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of,the successful bidder),the rights and obligations of the parties shall be those provided in Section 5f,"Termination for Convenience". f. TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the successful bidder, specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from I the entire contract. Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and/or subcontracts related to the terminated work. Page 1477 Of 1675' Page 9 SPECIAL CONDITIONS 8. GENERAL/SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions,the provisions of the Special Conditions shall have precedence. 9. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County(normally within two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this provision. A. List a minimum of three 3 references in which similar goods and/or services have been provided within the past three years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement. 10. CRIMINAL HISTORY RECORDS CHECK This solicitation includes sites andlor buildings which have been designated as either"critical facilities" or "criminal justice information facilities" pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), and Resolution R-2003-1274, as amended. County staff representing the User County Department will contact the recommended awardee(s) and provide specific instructions for meeting the requirements of this Ordinance. This provision applies to and must be adhered to by all vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering critical facilities or criminal justice information facilities. Individuals passing the background check will be issued a badge. Contractor shall make every effort to collect the badges of its employees and its subcontractors' employees upon conclusion of the contract work and return them to the County. If the contractor or its subcontractor terminates an employee who has been issued a badge, the Contractor must notify the County within two (2) hours. At the time of termination, the contractor shall retrieve the badge and return it to the County in a timely manner. The County reserves the right to suspend any Contractor that; 1) does not comply with the requirements of County Code Section 2-371 through 2-377 as amended; 2) does not contact the County regarding a terminated contractor employee or subcontractor employee within the stated time; or 3)fails to make a good faith effort in attempting to comply with the badge retrieval policy. 11. AWARD (ALL-OR-NONE) Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all-or-none, total offer basis. Therefore, it is necessary for a bidder to bid on every item in order to have a bid considered. It is also required that the bidder carefully consider each item, and make sure that each one meets the specifications as indicated. In the event that one item does not meet such specifications the entire bid will be considered non-responsive. Additionally, if a bidder enters a No Bid, or NIA for any item, they will be considered non-responsive. 12. PRIMARY AND SECONDARY DESIGNATION Palm Beach County reserves the right to make multiple awards for this solicitation. In the event that this right is exercised, the lowest responsive, responsible bidder shall be designated primary awardee and the next lowest responsive, responsible bidder shall be designated secondary awardee. The primary awardee shall be given the first opportunity to perform. The secondary awardee shall be contacted only after the primary awardee has refused to perform.The primary awardee is expected to perform all work offered to them, unless they are unable to perform it for lack of resources or technical ability. The primary awardee Page 1478 of 1675 Page 10 may be found in default of this contract if it declines more than 10%of the offered work, or if it establishes a pattern of accepting only the more desirable work and declining the less desirable work. Additionally, if during the term of the contract the primary awardee is found in default of the contract; does not agree to renew the contract; or unilaterally terminates the contract, the rights, duties, and obligations of the primary awardee shall be offered to the secondary awardee and awarded upon mutual agreement. 13. METHOD OF ORDERING (TERM CONTRACT) A contract shall be issued for a term of twelve 12 months or until the estimated amount is expended, at the discretion of the County.The County will order on an "as needed" basis. 14. ADDITION 1 DELETION OF DELIVERY LOCATIONS Palm Beach County reserves the right to add or delete delivery locations(including locations within the Glades)during the term of the contract at its sole discretion. Additional locations shall be based on price per ton offered on the Bid Response page, and shall not exceed the original expiration date of the contract. Additional sites may be subject to renewal options. 15. DELIVERY Delivery shall be required within three 3 calendar days after receipt of term contract delivery order (DO) unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Director or his/her designee. Failure of the successful bidder to perform to the delivery requirement is sufficient cause for default and termination of the contract. 16. AS SPECIFIED A term contract delivery order(DO)will be issued to the successful bidder with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not delivered as specified. At the option of Palm Beach County, item(s) from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specifications. Bidders shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications. 17. QUANTITY The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the bid response page. 18. RENEWAL OPTION The successful bidder shall be awarded a contract for twelve 12 months with the option to renew for four 4 additional twelve month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. The unit prices bid shall apply for the initial term and each renewal period. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if the successful bidder is suspended by the Purchasing Department prior to the commencement of the renewal period. 19. INSURANCE REQUIRED It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, clo Insurance Tracking Services, Inc. (ITS), P.O. Box 20270, Long Beach, CA 90801. Subsequently, the successful bidder shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to ITS at pbc@instracking.com or fax (562) 435-2999, which is Palm Beach County's insurance management system, prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured. Page 1479 of 1675 Page 11 Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful bidder to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the bidder indicating either the bidder does not own any vehicles, and if vehicles are acquired throughout the term of the contract, bidder agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your bid non responsive. Except as to Business Auto,Workers' Compensation and Employer's Liability(and Professional liability,when applicable), said Certificate(s)shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non-renewal of coverage. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis. 'i. i i I I Page 1480 of 16751 Page 12 SPECIFICATIONS IFB#18-0691MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this Invitation for Bid (IFB) is to secure firm, fixed pricing and establish a term contract for the purchase and delivery of Sodium Chloride, Solar Salt quality or greater at various locations throughout Palm Beach County. TECHNICAL REQUIREMENTS 1. The sodium chloride (NaCl), granular, shall be solar salt quality or greater, containing no organic binders, flow control agents, or resin cleaning materials, and meeting or exceeding the following specifications(as ppm [mg/kg]weight): NaCl: Dry basis 96.3 -98% Wet basis 93.3% min. Calcium sulfate 0.30% max. Ma nesium chloride 0.06% max. Calcium chloride 0.10% max. Magnesium sulfate 0.02% max. Insoluble 0.1% max. Moisture as H90) 3.0% max. Lead 0.0007% max. Copper 0.0003% max. Iron as Fe 0.002% max. Total im urities soluble & insoluble 2.0% max. 2. Product shall be as per ANSIIAWWA B200 latest revision Standards, Section 5,VERIFICATION. 3. Product shall be homogeneous and in a crystalline granular form, 4. Product shall be white in color. COUNTY'S RESPONSIBILITIES The County shall order on an as needed basis, during the term of the contract. SUCCESSFUL BIDDER'S RESPONSIBILITIES 1. If the material does not meet the requirements of the Standards, the successful bidder shall remove it from the County property at no additional cost. 2. The successful bidder may be required to provide an affidavit to the County upon request stating that the Sodium Chloride furnished complies with all applicable requirements of the Standards. 3. All bulk shipments shall be accompanied by certified weight tickets. Delivery shall be made using pneumatic tanker trucks only and shall be bulk delivery. 4. Successful bidder shall be responsible for hose connection (4"aluminum cam-lock). 5. Delivery will be full truckloads and shall be delivered on an as needed basis. CURRENT DELIVERY LOCATIONS ESTIMATED QUANTITY Water Treatment Plant#2 2956 Pinehurst Drive, West Palm Beach, FL 33467 Patti 5,400 Tons Brock(561)493-6360 Water Treatment Plant#8 1500 Jog Road, West Palm Beach, FL 33415 Tim 2,700 Tons McAleer(561)493-6180 COUNTY ACCEPTANCE Delivered items shall not be considered "accepted" until an authorized agent for Palm Beach Count has, by inspection or test of such items, determined that they appear to fully comply with specifications. The Board of Count' Commissioners may return at the expense of the successful bidder and for full credit, any items received which fail to meet the County's specifiications or performance standards. PAYMENT Payment is based on the unit price provided on the Bid Response page. Payment shall be rendered ONLY upon the County's satisfaction of service(s)rendered.Price shall include, but is not limited to, all supervision, labor, equipment, materials, tools, machinery, transportation, travel, manpower, fuel, mobilization, demobilization and other facilities and services necessary to fully and completely provide the service(s)as specified above. No additional compensation shall be offered or paid. Page 1481 of 1675 Page 13 BID RESPONSE IFB #18-0691MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT ITEM ESTIMATED NO. DESCRIPTION 12 MONTH UNIT UNIT PRICE TOTAL OFFER QUANTITY SODIUM CHLORIDE, GRANULAR, SOLAR SALT 1. QUALITY, BULK DELIVERY in accordance with 8,100 TON $ $ AWWA#13-200 Standards as specified herein. All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Acknowledge Qualification of Bidders information is included, per Term#9? YESIINITIAL Acknowledge Criminal History Records Check requirement, per Term#10? YES/INITIAL Acknowledge Insurance requirements, per Term #19? YES/INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7, if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: PRINT NAME: * SIGNATURE: PRINT TITLE: ADDRESS: CITY 1 STATE: ZIP CODE: TELEPHONE# { } E-MAIL: TOLL FREE # ( } FAX#: { ) APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL ID# Page 1482 of 1675 Page 14 QUALIFICATIONS OF BIDDERS REFERENCES FOR IFB #18-0691MB Bidder shall list references in accordance with the requirements set forth in the Qualifications of Bidders. REFERENCE NAME: ADDRESS: E- This Contact must be informed that CONTACT NAME: they are listed as a reference, and the County may be calling them. PHONE: CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: CONTRACT DATES: REFERENCE NAME: ADDRESS: <- This Contact must be informed that CONTACT NAME: they are listed as a reference, and the County may be calling them. PHONE: CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: CONTRACT DATES: I REFERENCE NAME: ADDRESS: This Contact must be informed that CONTACT NAME: they are listed as a reference, and the County may be calling them. PHONE: CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: CONTRACT DATES: FIRM NAME: Page 1483 of 1675 Page 15 CERTIFICATION OF BUSINESS LOCATION IFB 918-069/MB In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) bidders having a permanent place of business in Palm Beach County ("County") or (2) bidders having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, bidders must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the bidder to provide the goods/services being solicited by the County, and will be used to verify that the bidder had a permanent place of business prior to the issuance of the solicitation. The bidder must submit this Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference. In instances where the bidder is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidder must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder had a permanent place of business within the County or the Glades prior to the elate of issuance of the solicitation. The County hereby retains the right to contact said bidders for additional information related to this requirement after the bidlquote due date. I. Bidder is a: Local Business: A local business has a permanent place of business in Palm Beach County. (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. II. The attached copy of bidder's County Business Tax Receipt verifies bidder's permanent place of business. THIS CERTIFICATION is submitted by as (Name of Individual) of (Title/Position) (Firm Name of Bidder) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 1484 of 1675 Page 16 DRUG-FREE WORKPLACE CERTIFICATION IFB #18-0691M13 IDENTICAL TIE BIDS/QUOTES - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bidslquotes the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however,that any preference given pursuant to Section 287.087,shall be made in conformity with the requirements pursuant to the Palm Beach County Code,Chapter 2, Article III, Sections 2-80.21 thru 2-80.34. In the event tie bidslquotes are received from vendors who have not submitted with their bidslquotes a completed Drug-Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids/quotes. This Drug-Free Workplace Certification form must be executed and returned with the attached bid/quote,and received on or before the published bidlquote submission deadline to be considered. The failure to execute and/or return this certification shall not cause any bid/quote to be deemed non-responsive. Whenever two(2)or more bidslquotes which are equal with respect to price, quality,and service are received by Palm Beach County for the procurement of commodities or contractual services, a bidlquote received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program,a business shall: (1) Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number(1). (4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by the (Individual's Name) of (Title/Position with Company/Vendor) (Name of CompanyNendor) who does hereby certify that said Company/Vendor has implemented a drug-free workplace program which meets the requirements of Section 287,087, Florida Statutes,which are identified in numbers(1)through (6)above. Signature Date Revised-11110116 Page 1485 of 1675 ti T N W L) Q1 m W p � OCL d ZMW u z Wm m e o. Om— N i° NH d 3 r+ "C Jaz a � 'm O � a =a1 0 UE ZLL m Lou- LU V w 2 c � x�- m o a z �} E a OLLm Wp 4 z Q Lou J LLJ Z zO0. Q 'a sa NW W W °' � � e V Pma a o 3 J Q LU OOa o loot 1 ° � � w pCL LL W L O pYZLU g 2L w Ix M � O vi p = ww a LLI r 0 � �_mw �O � L w p 3� � LL � =a V p O w WOa m CJ Q I. WQ 7 a CL Fmz W $ w v� 0 gJ4m y a mS Tu 06 a pq m�o w W m zEml mc : m � wmZ dN wm 11 El 11 El 11 H a m a a O W J W V o o e W HJJO & ao0p awd r a D '82 W, `o W zVzmil c3 3 o q e d vmzJ o u WOOW c 7 Hm ) L6 'LLU a a O w0mz A � 3:0 H1LZ �' } O—O s en mWUt= �- p O a z o = WZZ� J W O J w W 0 �LLI 3 E m d o a LI W OpTF o E r m m © HZrN a w omZ � � FN� � F ' p O a z — 1p o y rw W N a M Q W 0 O(/�a a Z a a ? � JW 9 m �' LL z i) a W a ° T O V W 0 Lu W wCL p � QIL E �a 0 LU a O Q T O x cc �i c i v ui IL z U m Page 1486 of 1675 Page 18 OSBA SCHEDULE 2 LETTER OF INTENT TO PERFORM AS AN SBE-MIWBE SUBCONTRACTOR This document must be completed by the SBE-MIWBE Subcontractor and submitted with bid packet. Specify in detail, the particular work items to be performed and the dollar amount and/or percentage for each work item.SBE credit will only be given for items which the SBE-MIWBE Subcontractor are SBE certified to perform. Failure to properly complete Schedule 2 may result in your SBE participation not being counted. PROJECT NUMBER: PROJECT NAME: TO: (Name of Prime Bidder) The undersigned is certified by Palm Beach County as a- (check one or more, as applicable): Small Business Enterprise Minority Business Enterprise Black Hispanic Women Caucasian Other (Please Specify) Date of Palm Beach County Certification: The undersigned is prepared to perform the following described work in connection with the above project. Additional Sheets May Be Used As Necessary Line Item/ Total Price/ Lot No. Item Description Qty/Units Unit Price Percentage at the following price or percentage (Subcontractor's quote) and will enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County. If undersigned intends to subcontract any portion of this job to a certified SBE or a non-SBE subcontractor,please_ list the name of the subcontractor and the amount below. Price or Percentage ! I (Name of Subcontractor) The Prime affirms that it will monitor the SBE's listed to ensure the SBE's perform the work with its own forces. The undersigned subcontractor affirms that it has the resources necessary to perform the work fisted without subcontracting to non-certified SBE or any other certified SBE subcontractors except as noted above. The undersigned subcontractor understands that the provision of this form to Prime Bidder does not prevent Subcontractor from providing quotations to other bidders. (Print name of SBE-MIWBE Subcontractor) By: (Signature) (Print name/title of person executing on behalf of SBE/MM/BE Subcontractor Revised 10/11/2011 Date: Page 1487 of 16751' W = W M m N C F+ SOW O d a _ oU) E O Ls� � m CL E O O Q O y t�q' m vCL H �� C. mQ c M 0 0 1C U_ � N _d E d d 10 1- M C O rte.. Y d Os 0�f V r w U L N � 0 LU N 0f = - o •� .0N W .O 16- G. L Q, N O vOs0 0 CL 0rw0 < -% V z O O0 r v m W mTI I m ` .0 .0 w m N •+ N N L M CA = W gQ(� !LJ - CA m vm 0 = W N ENS r N � Cpm N3 m 0 O WLLJ � L N Lnm ��-, r0+ �j co o•� 'C3 Cc c d O d w J CO Nm .0 .0 = � m CL G > U ENN ¢vein W H uj W A W m VQ � m � Ci7vm m t fA - N W a .0 a 0U) +F m llI W O p Q-m v o CD v `° te Om 0 ca w evo ¢0gt'n 8' W `� t" s W o L 0 0 0 c Z w CL 0 0 Cl al � _ r N E� m = 3 LU o ,0 .0 = C O ¢vcncn = O w, m ' > 'o E i WD '0 � av �vI- c7 AmCL o _ �a C a q Z -10`oga Y W v F- 0 m _ � � ° � L1 �m� E N W i M 4b owe o C c� �,H E 0 i c Z 2 ++ Z N .0+ ti Gm y m m o o d = ON f�p � 7 V N w02L)Q ' Z E LLI O 01 C = W y m C w +�+ � ` ++ m W o c m .0 .0 ftp eo CD CL to 0 z w 'L� w <0 0 ea p to c E aW � N a E p 0 0 A y m m } c N *- - to -f- u �_ o E r- > ) W dot c = N a�mz0 v t 0 Lu cc 0 m V g LG LL la i L f.1 fn m H U w LL t? Q , 0 m 03 r0+ O N L y in W w UJO W .3 C N om w O O m E � 40 ��� � ; H a z CO w O U) a a a 0 a` 0, . — w PAe 1488 of 1675 Page 20 OSBA SCHEDULE 4 - SBE-M/WBE PAYMENT CERTIFICATION The Prime Contractor is to submit Schedule 4 with its Monthly Payment Request to Palm ]Beach County to reflect actual payments made to the SBE-M/WBE Subcontractor. The Prime Contractor is not to request signature from an SBE-M/WBE Subcontractor unless it has made a payment to the SBE--M/WBE Subcontractor. The SBE-M/WBE Subcontractor is not to complete and sign this form unless it has received a payment from the Prime Contractor for services actually performed by the SBE-M/WBE Subcontractor. A separate Schedule 4 is required for each SBE-M/WBE Subcontractor payment. This is to certify that received (SBE or M/WBE Subcontractor Name) (Monthly) or (Final) payment of $ from E On �..... MM DD YYYY (Prime Contractor Name) For labor and/or materials used on / (Project Name) (Work Order) DEPT. : PROJECT NO. : PRIME CONTRACTOR VENDOR CODE: SBE OR M/WBE SUBCONTRACTOR VENDOR CODE: If the SBE Subcontractor intends to disburse any funds associated with this payment to any Subcontractor for labor and/or material provided on this project, please provide the following information: *Subcontractor Name: Amount to be paid: *Note: if the subcontractor listed in this section is an SBE or M/WBE a separate schedule 4 is required to verify payment. By: (Signature of Subcontractor) (Print Name & Title of Person executing on behalf of Subcontractor) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of 20 By: Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Rev. 5 Last updated: 11/18/11 Page 1489 of 1675 7.E. BIDS AND PURCHASES OVER$100,000 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-110-Approve utilizing the City of Cape Coral, FL contract with Shrieve Chemical Company based on their Bid No. UT18- 57/MC for Sulfuric Acid with the same terms, conditions, specifications and pricing, and authorize the City Manager to sign a contract with Shrieve Chemical Co. The anticipated annual expenditure for the purchase of sulfuric acid is$100,000. EXPLANATION OF REQUEST: The City of Boynton Beach West Water Treatment Plant(WWTP) utilizes membrane filtration technology to remove hardness causing minerals from the feed water. At a high pH, these minerals precipitate out of solution to form a hard scale on the surface of the membrane units. This buildup of scale reduces the throughput of the membranes resulting in a loss of plant capacity. Sulfuric Acid is used to lower the pH of the feed water to prevent this from occurring during the treatment process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The build-up of scale on the membranes will decrease the WWTP production and could potentially damage the membranes. The prevention of this occurrence will protect membrane life and ensure continued good water production and quality for residential and commercial customers. FISCAL IMPACT: Budgeted Funds are budgeted in account: 401-2811-536-52-35 Process Chemicals. Prior year usage is as follows, FY 15/16 $ 96,554 FY16/17 $115,462 ALTERNATIVES: The Utility is examining other possible options to the use of this acid because of the associated safety concerns. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 1490 of 1675 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving piggy-back and contract with Shrieve Chemical Company for sulfuric acid D Contract Contract with Shrieve Chemical piggy-backing of Cape Coral Contract for Sulfuric Acid D Addendum Cape Coral Bid Solicitation D Addendum S hrieve bid for Acid Page 1491 of 1675 1 2 RESOLUTION NO. R18- 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH,FLORIDA,APPROVING THE PIGGY-BACK 6 OF A CITY OF CAPE CORAL BID #UT18-57/MC 7 WITH SHRIEVE CHEMICAL COMPANY FOR THE 8 PROVISION OF SULFURIC ACID FOR AN 9 ESTIMATED ANNUAL EXPENDITURE OF 10 $100,000.00; AUTHORIZING THE CITY MANAGER 11 TO SIGN A CONTRACT WITH SHRIEVE 12 CHEMICAL COMPANY; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 WHEREAS,City staff has confirmed that the City of Cape Coral has complied with 16 Public Contract Bid requirements which equal or exceed the City of Boynton Beach's 17 requirements; and 18 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a 19 City of Cape Coral Bid #UT18-57/MC with Shrieve Chemical Company for the provision 20 of sulfuric acid in an estimated annual expenditure of$100,000.00. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 24 as being true and correct and are hereby made a specific part of this Resolution upon 25 adoption. 26 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 27 approves the piggy-back of a City of Cape Coral Bid#UT 18-57/MC with Shrieve Chemical 28 Company for the provision of Sulfuric Acid in an estimated annual expenditure of 29 $100,000.00. 30 Section 3. The City Manager is hereby authorized to sign a contract with C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\59E03981-17D5-49FF-B589-C7ADABDD513F\Boynton Beach.11673.1.Piggy-Back (Cape_Coral)_-_Shrieve_-_Sulfuric_Acid_(2018)_-_Reso.docx Page 1492 of 1675 31 Shrieve Chemical Company, a copy of which is attached hereto as Exhibit"A". 32 Section 4. That this Resolution shall become effective immediately. 33 PASSED AND ADOPTED this day of , 2018. 34 CITY OF BOYNTON BEACH, FLORIDA 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 VOTE 48 ATTEST: 49 50 51 52 Judith A. Pyle, CMC 53 City Clerk 54 55 56 (Corporate Seal) 57 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\59E03981-17D5-49FF-B589-C7ADABDD513F\Boynton Beach.11673.1.Piggy-Back (Cape_Coral)_-_Shrieve_-_Sulfuric_Acid_(2018)_-_Reso.docx Page 1493 of 1675 1 2 RESOLUTION NO. R18- 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH,FLORIDA,APPROVING THE PIGGY-BACK 6 OF A CITY OF CAPE CORAL BID #UT18-57/MC 7 WITH SHRIEVE CHEMICAL COMPANY FOR THE 8 PROVISION OF SULFURIC ACID FOR AN 9 ESTIMATED ANNUAL EXPENDITURE OF 10 $100,000.00; AUTHORIZING THE CITY MANAGER 11 TO SIGN A CONTRACT WITH SHRIEVE 12 CHEMICAL COMPANY; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 WHEREAS,City staff has confirmed that the City of Cape Coral has complied with 16 Public Contract Bid requirements which equal or exceed the City of Boynton Beach's 17 requirements; and 18 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a 19 City of Cape Coral Bid #UT18-57/MC with Shrieve Chemical Company for the provision 20 of sulfuric acid in an estimated annual expenditure of$100,000.00. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 24 as being true and correct and are hereby made a specific part of this Resolution upon 25 adoption. 26 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 27 approves the piggy-back of a City of Cape Coral Bid#UT 18-57/MC with Shrieve Chemical 28 Company for the provision of Sulfuric Acid in an estimated annual expenditure of 29 $100,000.00. 30 Section 3. The City Manager is hereby authorized to sign a contract with C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\BC16A9FB-C4C0-4FE3-9570-BCA6C4EBE089\Boynton Beach.11679.1.Piggy-Back (Cape_Coral)_-_Shrieve_-_Sulfuric_Acid_(2018)_-_Reso.docx Page 1494 of 1675 31 Shrieve Chemical Company, a copy of which is attached hereto as Exhibit"A". 32 Section 4. That this Resolution shall become effective immediately. 33 PASSED AND ADOPTED this day of , 2018. 34 CITY OF BOYNTON BEACH, FLORIDA 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 VOTE 48 ATTEST: 49 50 51 52 Judith A. Pyle, CMC 53 City Clerk 54 55 56 (Corporate Seal) 57 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\BC16A9FB-C4C0-4FE3-9570-BCA6C4EBE089\Boynton Beach.11679.1.Piggy-Back (Cape_Coral)_-_Shrieve_-_Sulfuric_Acid_(2018)_-_Reso.docx Page 1495 of 1675 Sulfuric Acid ITB-UT18-57/MC CITY OF CAPE CORAL INVITATION TO BID SULFURIC ACID ITB-UT18-57/MC 71 CITY OF CAPE CORAL FINANCIAL SERVICES DEPARTMENT PO BOX 150027 CAPE CORAL, FL 33915-0027 BIDS DUE IN PROCUREMENT BY: 1:30 P.M. (ET) April 27, 2018, Cape Coral City Hall, 1015 Cultural Park Boulevard., Second Floor, Cape Coral, Florida 33990. NO QUESTIONS WILL BE ACCEPTED AFTER: 4:00 P.M. (ET) April 13, 2018, all questions must be submitted in writing to mconnellp_capecoral.net and received by stated time. ENVELOPES MUST BE MARKED WITH THE TITLE OF THE BID, BID NUMBER, AND SOLICITATION OPENING DATE AND TIME. Courier Packages (Fedex, UPS Etc.) shall clearly state, on the outer packaging, the Invitation to Bid Title and the Invitation to Bid Number. If the proper information is not on the courier's outer packaging or if the Bid is received after the above stated time, the Bid may be returned to the Vendor without being opened and/or considered for that project. 1 of 35 Page 1496 of 1675 Sulfuric Acid ITB-UT18-57/MC TABLE OF CONTENTS PAGE NUMBER TABLE OF CONTENTS 2 LEGAL NOTICE 3 INVITATION TO BID — BIDDER ACKNOWLEDGEMENT 4 BID DOCUMENTS 6 1.0 INTRODUCTION 6 2.0 SPECIFICATIONS 7 3.0 GENERAL CONDITIONS 9 4.0 SPECIAL CONDITIONS 13 OFFICIAL BID PROPOSAL 18 BID PREPARATION CHECKLIST — EXHIBIT A 20 SWORN STATEMENT PUBLIC ENTITY CRIMES — EXHIBIT B 21 FORM 3A INTEREST IN COMPETITIVE BID — EXHIBIT C 23 DRUG FREE WORKPLACE CERTIFICATION — EXHIBIT D 24 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS EXHIBIT E 25 CORPORATE RESOLUTION — EXHIBIT F 26 PROTEST PROCEDURES — EXHIBIT G 27 NON-COLLUSIVE AFFIDAVIT — EXHIBIT H 28 REFERENCES — EXHIBIT 1 29 CONTACTS PAGE — EXHIBIT J 30 BID SECURITY — EXHIBIT K 31 SAMPLE CONTRACT — EXHIBIT L 32 Page 2 of 35 Page 1497 of 1675 Sulfuric Acid ITB-UT18-57/MC CITY OF CAPE CORAL LEGAL NOTICE INVITATION FOR BIDS The City of Cape Coral, Florida will receive Bids for the Purchase and Delivery of Sulfuric Acid, ITB-UT18-57/MC, in accordance with the specifications on file. Detailed specifications and instructions for submitting a bid may be obtained: in person from the City of Cape Coral, Procurement Division, 1015 Cultural Park Blvd., Second Floor, Cape Coral, FL 33990; online at www.demandstar.com or by mail request 239-574-0831 (recipient's account required for overnight mail). Sealed Bids will be publicly opened at Cape Coral City Hall, 1015 Cultural Park Blvd., Cape Coral, Florida 33990. The names of bidders responding to this Invitation to Bid will be read aloud and recorded. BIDS DUE IN PROCUREMENT BY: 1:30 p.m. (ET), April 27, 2018 Cape Coral City Hall, 1015 Cultural Park Blvd., Second Floor, Cape Coral, Florida 33990. BID OPENING TIME: April 27, 2018 at 2:00 p.m. (ET), in Conference Room 220A NOTE: No questions will be accepted after 4:00 p.m. (ET),April 13, 2018. Submit all questions in writing to: mconnell(a_capecoral.net Bid must include one (1) original bid, three (3) copies of bid and one (1) readable/reproducible disk (CD) or flash drive completely duplicating the original bid. Pursuant to Florida State Statute 119.071 (2)Sealed bids, proposals or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.071(1)and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. BIDS MUST BE DATE STAMPED AT THE OFFICE OF THE PROCUREMENT DIVISION NO LATER THAN THIRTY (30) MINUTES PRIOR TO THE SCHEDULED BID OPENING. BIDS PRESENTED AFTER THAT TIME WILL BE REFUSED. The time indicated on the date stamp machine located in the Procurement Division is considered the official time. It is the responsibility of the Bidder to ensure all Bids are actually received by the Procurement Division by the submission deadline. Procurement is not responsible for late mail or overnight deliveries. All bids are to be submitted and addressed ONLY to PROCUREMENT DIVISION, ATTN: PROCUREMENT MANAGER. BIDS WILL NOT BE ACCEPTED AT ANY OTHER LOCATION. MAILING ADDRESS: PHYSICAL ADDRESS: City of Cape Coral Procurement Division Procurement Division Cape Coral City Hall PO Box 150027 1015 Cultural Park Blvd. 2nd Floor Cape Coral FL 33915-0027 Cape Coral FL 33990 ENVELOPES MUST BE MARKED WITH THE TITLE OF THE BID, BID NUMBER AND SOLICITATION OPENING DATE AND TIME. The City reserves the right to reject any or all bids in whole or in part and to waive any irregularities or informalities when in the best interest of the citizens of the City of Cape Coral. By Order of the City Manager Rebecca van Deutekom, City Clerk City of Cape Coral Procurement Division, PO Box 150027, Cape Coral FL 33915-0027, (239)574-0831 Advertise: March 28, 2018 Page 3 of 35 Page 1498 of 1675 Sulfuric Acid ITB-UT18-57/MC CITY OF CAPE CORAL INVITATION TO BID - BIDDER ACKNOWLEDGEMENT BIDS DUE NO LATER THAN: 1:30PM April 27, 2018 BID NO. BIDS WILL BE OPENED: 2:OOPM April 27, 2018 ITB-UT18-57/MC AGENCY MAILING DATE BID TITLE March 28, 2018 SULFURIC ACID FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER: (The City of Cape Coral may collect your Social Security Number for one or more of the following purposes: identification and verification; credit worthiness; billing and payment; data collection, reconciliation, tracking, benefit processing and tax reporting. Social Security Numbers are also used as a unique numeric identifier and may be used for such purposes.) VENDOR NAME VENDOR MAILING ADDRESS CITY, STATE & ZIP TELEPHONE NUMBER FAX NUMBER TOLL FREE NUMBER E-MAIL ADDRESS Non-Collusion: I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder and that the bidder is in compliance with all requirements. In submitting a bid to the City of Cape Coral, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Cape Coral all rights, title and interest in and all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Cape Coral. At the City's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. Signature: Date: INVITATION TO BID: This Official Bid Form, Bidder Information, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any other pertinent documents form a part of this bid and by reference are made a part thereof. This Official Bid Form MUST be signed and returned with Bid. PURPOSE: It is the purpose and intent of the Invitation to Bid to secure bids for item(s) and/or services as listed herein for the City of Cape Coral, Florida, hereinafter called the City. SEALED BIDS: All bid sheets and this form 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, in addition to the above addresses, the date and time of the bid opening and bid number. Bids not submitted on the attached Official Bid Form may be rejected. All bids are subject to the conditions specified herein. Those, which do not comply with these conditions, are subject to rejection. Page 4 of 35 Page 1499 of 1675 Sulfuric Acid ITB-UT18-57/MC 1. EXECUTION OF BID: The Official Bid Form must contain a manual signature of an authorized representative. Bid must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made by bidder to his/her bid price must be initialed. 2. AWARD: The City Council reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids; to reject any and all bids in whole or in part with or without cause, and/or to accept bids that in its judgment will be in the best interest of the City. Following complete investigation of each bid received by the City, the City Council reserves the right to make awards on a multiple, lump sum, or individual item basis or in combination as shall best serve the interest of the City. The City reserves the right to negotiate additional related services. 3. PRICES: Bidder warrants by virtue of bidding that any orders placed within the bid period shall be honored at the prices, items and conditions quoted in his/her Official Bid Form. When a yearly quote is being obtained, bidder must contractually commit that bid amount on bid form is firm with no escalation in unit price or otherwise for 365 days from award date. Prices must be stated in units of quantity specified in the bid specifications. In case of discrepancy in computing the amount of the bid, the unit price will prevail. 4. LIABILITY INSURANCE: Where bidders are required to enter City property to deliver materials or perform work or service as a result of bid award, the bidder assumes full duty obligation and expense of obtaining all necessary licenses, permits and insurance. Insurance requirements are identified in specifications. 5. TAXES: The City is exempt from any taxes. State Exemption Certificate available upon request. State Sales Tax Exemption Certificate Number 85-8012589883C-5. ALL BIDS WILL BE RECEIVED BY THE PROCUREMENT DIVISION. MAILING ADDRESS PHYSICAL ADDRESS CITY OF CAPE CORAL CITY OF CAPE CORAL PROCUREMENT DIVISION PROCUREMENT DIVISION PO BOX 150027 1015 CULTURAL PARK BLVD CAPE CORAL, FL 33915-0027 SECOND FLOOR— Room 230 CAPE CORAL, FL 33990 ALL BIDS WILL BE PUBLICLY OPENED AT THE DESIGNATED TIME AND LOCATION SPECIFIED WITHIN THE LEGAL NOTICE. BIDS MUST BE RECEIVED NO LATER THAN THIRTY (30) MINUTES PRIOR TO THE SCHEDULED BID OPENING. End of Section Page 5 of 35 Page 1500 of 1675 Sulfuric Acid ITB-UT18-57/MC BID DOCUMENTS THE CITY OF CAPE CORAL REQUIRES THE FOLLOWING DOCUMENTS TO BE RETURNED WITH ALL BIDS/PROPOSALS IN ORDER FOR A BID TO BE CONSIDERED "RESPONSIVE": 1. SIGNED Invitation to Bid/Bidder Acknowledgement Including Non-Collusion Statement 2. SIGNED Official Bid Proposal Form - This bid contains two (2) pages for the Official Bid Proposal. Both of these pages MUST be completed and returned and the form signed where indicated. Failure to return BOTH pages of the bid proposal may result in rejection of your bid. Failure to sign your bid proposal may result in rejection of your bid. 3. SIGNED Sworn Statement of Public Entity Crimes (Exhibit B) 4. SIGNED Form 3A if a City of Cape Coral elected official, employee, spouse, or child has an interest in the business (Exhibit C) 5. SIGNED Drug Free Workplace Certification (Exhibit D) 6. SIGNED Acknowledgement of Insurance Requirements (Exhibit E) 7. SIGNED Corporate Resolution (Exhibit F) 8. SIGNED Non-Collusive Affidavit (Exhibit H) 9. COMPLETED References (Exhibit I) 10. COMPLETED Contacts Page (Exhibit J) 11. COMPLETED Bid Security Requirements Form (Exhibit K) 12. Safety Data Sheets (if applicable) 13. Copy of License(s) Applicable for Performance of Work. 14. One (1) original bid, three (3) copies of bid and one (1) readable/reproducible disk (CD) or flash drive completely duplicating the original bid. NOTE: The filing of"NOTICE TO OWNER" statements are not required for Public Projects. FAILURE TO RETURN ALL OF THE ABOVE REQUIRED ITEMS WITH A BID/PROPOSAL MAY RESULT IN YOUR BID BEING CONSIDERED NON-RESPONSIVE AND MAY NOT BE CONSIDERED FOR AWARD. The City of Cape Coral provides documents 1-11 noted above in the bid package. If for any reason you did not receive these items in your bid package, OR if you obtained your package from anyone other than the City of Cape Coral Procurement Division, contact the Procurement Division at once at 239-574-0831 prior to the scheduled bid opening to obtain the necessary documents. 1.0 INTRODUCTION In 1970, by referendum of the people of the City, a Council/City Manager form of government was adopted, and the City of Cape Coral was incorporated. The policy-making body of the City is a City Council composed of eight (8) members, seven (7) members elected at large on a nonpartisan basis from districts and the Mayor (the eighth member). A Mayor is elected at-large on a nonpartisan basis and has one (1) vote and has only budget line-item veto authority. All terms run for a four (4) year period with the Mayor and three (3) council members being elected at one election and two years later the remaining four (4) council members are elected. The City Council is responsible for all policy-making functions of the government and retains the services of a City Attorney, City Auditor and City Manager. The City Manager is responsible for all administration of the City. The City provides a comprehensive range of municipal services including general government, public safety, community development, public works, planning, utilities, and parks and recreation. Strategically located on the gulf coast of Southwest Florida, Cape Coral is one of the nation's fastest growing cities and the third-largest Florida city in land mass. A pre-platted community, Cape Coral's population in 2016 was the 10th largest in Florida at 179,800. At build-out, the Cape's population is forecast to be more than 400,000. The city is also home to more than 9,300 businesses. The median age is 44, young adults outnumber retirees, 57% of the population are working age, and 86% of the workforce has a high school diploma or better. At over 400 miles, the City is home to more canals than any other city in the world. Page 6 of 35 Page 1501 of 1675 Sulfuric Acid ITB-UT18-57/MC 2.0 SPECIFICATIONS 2.1 SCOPE Successful bidder shall be responsible for supplying and delivering Sulfuric Acid used by the City of Cape Coral's Utilities Department on an as-needed basis. 2.2 TERM This bid shall establish an agreement for a three (3) year period. The City intends for the new agreement to take effect around September 2018. 2.3 QUANTITY The estimated annual requirement is three thousand (3,000) tons. The quantities specified herein are estimates only and no guarantees are expressed nor implied. 2.4 SULFURIC ACID Sulfuric Acid shall be at least 98% H2SO4. The manufacturer, or supplier, shall submit to the City with each delivery, a certified analysis of each shipment of acid. The analysis shall include percentage of H2SO4, Iron (not to exceed 20 PPM), Arsenic, Lead, Barium, Cadmium, Chromium, Copper, Cyanide, Manganese, Mercury, Selenium, Silver, and Zinc contents. 2.5 DELIVERIES 2.5.1 Locations: Southwest R.O Plant, 2090 SW 32nd Street, Cape Coral, FL 33914 North R.O. Plant, 1200 Kismet Parkway West, Cape Coral, FL 33993 2.5.2 Delivered in tank truck quantities of approximately 3,500 gallons per delivery. 2.5.3 Deliveries shall be FOB City of Cape Coral's tanks. 2.5.4 Deliveries are to be made by truck between the hours of 7:00 a.m. and 3:00 p.m., Monday through Friday, except holidays unless prior authorization is obtained from the City representative. The City observes the following holidays: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and the day after, and Christmas Day. 2.5.5 Arrangements for actual delivery date and quantity will be made by the plant representatives as identified by the City upon award. 2.5.6 Deliveries shall be made within three (3) days after receipt of order unless arrangements, for actual delivery date, have been made by City representative. 2.6 WEIGHT TICKETS Certified, not hand written, weight tickets to show tare and gross weight are to be supplied when chemicals are delivered. Page 7 of 35 Page 1502 of 1675 Sulfuric Acid ITB-UT18-57/MC 2.7 SAFETY DATA SHEETS 2.7.1 Each bidder must submit as part of the bid package the most recent Safety Data Sheets (SDS) as required by the OSHA Hazard Communication Rule of 2012 in order to align with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). 2.7.2 For each shipment containing items which are classified as hazardous under such rule, and which are shipped to Cape Coral, the awarded bidder must provide, either in or on each shipping container, one copy of the SDS for each unit of issue in that shipping container. The SDS must be placed in a weather resistant envelope and contain the purchase order number from the City. 2.7.3 If an SDS is not required for any of the bid items, this should be indicated in the "Remarks by Bidder" section of the Official Bid Proposal Sheets. 2.8 SAFETY 2.8.1 The delivery personnel of the awarded bidder shall comply with OSHA procedures during unloading at plant site. The awarded bidder shall supply all required safety equipment for the delivery personnel. 2.8.2 Drivers will check in with plant personnel before unloading into any chemical bulk storage tank. 2.8.3 Drivers will wear safety gear consisting of: rubber gloves, hard hat with face shield and chemical resistant safety goggles, protective jacket, pants, and boots. 2.8.4 Drivers will visually observe unloading area for the entire time the chemical is being transferred into chemical bulk storage tank. 2.8.5 Drivers not having safety equipment will not be allowed to unload chemicals. 2.8.6 Awarded bidder shall supply safety training for a minimum of one hour per year to City personnel at City facilities. These training sessions shall be scheduled for dates and times convenient for City staff. 2.9 PRICE Unit pricing is requested on the Official Bid Proposal Form for Sulfuric Acid which shall remain firm for the life of the agreement. The quantities specified herein are estimates only and no guarantees are expressed nor implied. 2.10 PRICE ADJUSTMENTS 2.10.1 Price adjustments shall be allowed to the Sulfuric Acid unit price in the form of a Sulfur Surcharge and shall be based on the quarterly change (up or down) to the Green Markets Tampa Contract Sulfur Posted Average. For each $1.00 change, sulfuric acid unit price shall be increased or decreased by$0.30. 2.10.2 Successful bidder shall be responsible for monitoring and reporting to the City any change which affects the Sulfur Surcharge and shall provide copies of Green Markets to the City of Cape Coral's Procurement Division for verification. 2.10.3 Adjustments shall become effective thirty (30) calendar days after the posted change. Price adjustments must be approved in writing by both parties. Page 8 of 35 Page 1503 of 1675 Sulfuric Acid ITB-UT18-57/MC 2.11 DESIGNATED CONTACT 2.11.1 The awarded vendor(s) shall appoint a person or persons to act as a primary contact with the City of Cape Coral. This person or back-up shall be readily available during normal work hours by phone or in person, and shall be knowledgeable of the terms of the contract. Bidder must complete the enclosed Contacts Page (Exhibit J) and submit with bid. 2.11.2 Each using facility shall also appoint representatives to become primary contacts for the coordination and execution of the resulting contract. 2.12 INSURANCE Enclosed Acknowledgement of Insurance Requirements Form must be completed, signed and submitted with the bid. (Exhibit E) 2.13 RESERVES THE RIGHT In the event the successful bidder is unable to supply items specified herein, the City reserves the right to purchase from another source. 2.14 CANCELLATION 2.14.1 The resulting contract may be cancelled at any time during the period by the City of Cape Coral for any reason. 2.14.2 A 30-day written cancellation notice will be issued by the City. 2.14.3 The awarded bidder may cancel the contract on the contract date anniversary with a one hundred twenty (120) day written cancellation notice submitted to the City's Procurement Manager. 3.0 GENERAL CONDITIONS 3.1 INVITATION TO BID 3.1.1 NOTICE IS HEREBY GIVEN that the City of Cape Coral, Florida is advertising for sealed bids. The Invitation to Bid, Official Bid Form, Bidder Information, Instructions to Bidders, General Conditions, Special Conditions, Specifications, Addenda and/or any other pertinent document form a part of this bid and by reference are made a part thereof. 3.1.2 In the event of any conflict between this Invitation to Bid and City of Cape Coral Ordinance, the provisions of the Ordinance shall prevail. 3.1.3. Bids not submitted on the attached Official Bid Proposal Form may be rejected. All bids are subject to the conditions specified herein. Those, which do not comply with these conditions, are subject to rejection. 3.1.4 Interpretations of the Bid or additional information as to its requirements, where necessary, shall be communicated to all prospective bidders by written addendum. Only written addenda shall be considered official responses. It shall be the responsibility of each Firm, prior to submitting the bid, to contact the Procurement Division to determine if addenda were issued and to make such addenda a part of the bid. Page 9 of 35 Page 1504 of 1675 Sulfuric Acid ITB-UT18-57/MC Failure to acknowledge receipt of addendum may result in proposal rejection. NO ADDENDA WILL BE ISSUED WITHIN FIVE (5) BUSINESS DAYS PRIOR TO THE SUBMISSION DEADLINE, UNLESS AN ADDENDUM HAS BEEN ISSUED EXTENDING THE DEADLINE. 3.2 QUALIFICATIONS OF BIDDERS 3.2.1 Bids will be considered only from firms normally engaged in the sale and distribution of the items specified herein. Vendors must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City of Cape Coral. 3.2.2 The City reserves the right before recommending any award to inspect the facilities and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms, and conditions. 3.2.3 The City of Cape Coral will determine whether the evidence of ability to perform is satisfactory and will make awards only when such evidence is deemed satisfactory and reserves the right to reject bids where evidence submitted, or investigation and evaluation, indicates inability of the bidder to perform. 3.3 MODIFICATION AND/OR WITHDRAWAL OF BIDS PRIOR TO BID OPENING Mistakes discovered before the Bids are opened may be modified or withdrawn by sealed written notice of the modification or withdrawal received in the office designated in the Invitation for Bids prior to the time set for the Bid opening. 3.4 TAX EXEMPTION The City of Cape Coral, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. The awarded vendor will be provided a copy of the City of Cape Coral's Certificate of Exemption (85-8012589883C-5) upon request. 3.5 DEVIATIONS FROM SPECIFICATIONS Bidder shall clearly indicate on the Official Bid Proposal as applicable all areas in which the items the bidder proposes does not fully comply with the requirements of this specification. The decision as to whether an item fully complies with the stated requirements rests solely with the City of Cape Coral. 3.6 SUBMISSION OF BIDS 3.6.1 The Official Bid Proposal Form MUST be signed and returned with Bid. Bids not submitted on the attached Official Bid Proposal Form may be rejected. 3.6.2 The Official Bid Form must contain a manual signature of an authorized representative. Bid must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made by bidder to his/her bid price must be initialed 3.6.3 Bids shall be submitted to the Procurement Division and date stamped no later than thirty (30) minutes prior to the scheduled bid opening as indicated on the attached legal notice or as changed by addendum. Failure to be on time will result in refusal of bid. The time indicated on the date stamp machine in the Procurement Division is considered the official time. 3.6.4 The Bid Preparation Checklist (Exhibit A) is a guide for the Bidder in preparing the bid response. Page 10 of 35 Page 1505 of 1675 Sulfuric Acid ITB-UT18-57/MC 3.7 OPENING OF BIDS 3.7.1 Bids will be opened at the time and date indicated on the legal notice. Bids are to be submitted in accordance with the instructions provided herein. The names of vendors responding to this Invitation to Bid will be read aloud and recorded. 3.7.2 Pursuant to Florida State Statute 119.071 (2), sealed bids, proposals or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.071(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 3.8 WITHDRAWAL OF BIDS AFTER BID OPENING After bids are opened, corrections or modifications to bids are not permitted, but a bidder may be permitted to withdraw an erroneous bid, prior to the bid award by City Council, if the following is established: 3.8.1 That the bidder acted in good faith in submitting the bid; 3.8.2 That in preparing the bid there was an error of such magnitude that enforcement of the bid would work severe hardship upon the bidder; 3.8.3 That the error was not the result of gross negligence or willful inattention on the part of the bidder; 3.8.4 That the error was discovered and communicated to the City within twenty-four (24) hours of bid opening, along with a request for permission to withdraw the bid; and 3.8.5 The bidder submits documentation and an explanation of how the bidding error was made. 3.9 BID PROTEST PROCEDURE Protests must be filed in accordance with Article VII Division 1 Section 2-150 of the City of Cape Coral Ordinance. See Exhibit G — Protest Procedures. 3.10 BIDS TO REMAIN EFFECTIVE Bids shall be effective for one hundred twenty (120) days from Bid Opening Date, and thereafter if accepted by the City for the term designated in this bid. 3.11. CONVICTED VENDORS A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: 3.11.1 Submitting a bid on a contract to provide any goods or services to a public entity; 3.11.2 Submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; 3.11.3 Submitting bids on leases of real property to a public entity; 3.11.4 Being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and Page 11 of 35 Page 1506 of 1675 Sulfuric Acid ITB-UT18-57/MC 3.11.5 Transacting business with any public entity in excess of the Category Two threshold amount thirty-five thousand ($35,000) dollars provided in section 287.017 of the Florida Statutes. 3.12. DISCRIMINATORY VENDORS An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: 3.12.1 Submit a bid on a contract to provide any goods or services to a public entity; 3.12.2 Submit a bid on a contract with a public entity for the construction or repair of a public building or public work; 3.12.3 Submit bids on leases of real property to a public entity; 3.12.4 Be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or 3.12.5 Transact business with any public entity. 3.13 VENDOR REGISTRATION In accordance with Article VII Division 1 Section 2-148 of the City of Cape Coral Ordinance prior to award, a vendor must complete the vendor registration process. Registration can be done online from the City of Cape Coral website, www.capecoral.net. Once on the website, under "I WANT TO," click on "Register' then "City Vendor." That will take you to the "Vendor Portal" page from where you may register online or print out the Vendor Registration Forms. 3.14 LICENSES AND REGULATIONS The awarded bidder shall comply with all Federal, State, and Local laws, rules and regulations. Licenses necessary for the performance of this work shall be secured and paid for by the awarded Contractor(s) prior to execution of the contract or purchase order. If the bidder has a permanent business location with the City of Cape Coral (including branch offices and storage or warehouse facilities), then a City occupation license is required. It is required that each bidder submit with their bid copies of their occupational licenses. If the bidder does not hold a current license with the City of Cape Coral, the bidder is required to register with the City' Licensing Office upon contract award. Failure to provide evidence of any required occupational license may be cause for rejection of bid. Bidder must submit a copy of Bidder's Business License. 3.15 LOBBYING 3.15.1 All bidders and their agents who intend to, or have, submitted bids or responses for this project are hereby placed on formal notice that neither City Council Members, candidates for City Council, members of the Selection Advisory Committee (SAC), nor any employee of the City of Cape Coral are to be lobbied either individually or collectively concerning this project. 3.15.2 Contact should only be made through regularly scheduled Council meetings, SAC meetings scheduled for interviews and/or negotiations, or meetings scheduled though the Procurement Division, which are for the purposes of obtaining additional or clarifying information. 3.15.3 Any action, to include dinner or lunch invitations, by a submitting firm that may be interpreted as being within the purview of this requirement shall result in the immediate disqualification from further consideration in this project. Page 12 of 35 Page 1507 of 1675 Sulfuric Acid ITB-UT18-57/MC 3.16 UNAUTHORIZED ALIENS The employment of unauthorized aliens by any Contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of any contract resulting from this solicitation. This applies to any sub-contractors used by the Contractor as well. 3.17 LOCAL VENDOR PREFERENCE In accordance with Article VII Division 1 Section 2-144 of the City of Cape Coral Ordinance prior to award, a vendor who desires to be considered for local preference in a bid must submit sufficient information with its bid or proposal to allow consideration, including a copy of a paid business tax receipt showing one full year in advance of the bid. 3.18 DRUG FREE WORKPLACE The City of Cape Coral is a drug free workplace. Read and submit Exhibit D — Drug Free Workplace Certification with your bid. 3.19 FORM 3A— INTEREST IN COMPETITVE BID FOR PUBLIC BUSINESS: Read and submit Exhibit C — Form 3A Interest in Competitive Bid for Public Business (if a City of Cape Coral elected official, employee, spouse, or child has an interest in the business). Mark N/A if not applicable. 3.20 NON-COLLUSIVE AFFIDAVIT Read and submit Exhibit H — Non-Collusive Affidavit. 3.21 CORPORATE RESOLUTION The corporate resolution form is utilized to provide names of individuals that are legally authorized to execute agreements on behalf of the corporation, company, partnership, joint venture or entity. This may include signing of bid documents, contracts, forms, and agreements. The corporate resolution form includes the name of individuals, with their signatures and their official title with the entity submitting a bid or proposal. Proposers must provide either the corporate resolution form or the company's official letterhead, indicating the authority of the individuals who may sign and legally bind the company in proposals, bids, contracts, and agreements. The authorized individuals name(s) should be shown on the corporate resolution or letterhead with their typewritten name, their official title and actual signatures shown beside their name. The document should be signed and dated by an authorized agent of the company. The document should include the company's official address and phone number. If the primary qualifying agent is not the owner, an officer, a member, a joint venture managing partner, etc., describe the relationship to the company and provide proof of such relationship and/or license use agreement. (Exhibit F) 4.0 SPECIAL CONDITIONS 4.1 INSURANCE 4.1.1 Bidders must sign and complete the enclosed Acknowledgement of Insurance Requirements Form and submit with the bid. (Exhibit E) Page 13 of 35 Page 1508 of 1675 Sulfuric Acid ITB-UT18-57/MC 4.1.2 Without limiting its liability under this Invitation to Bid, the awarded bidder(s) shall procure and continuously maintain, without interruption, at its own expense, insurance (limits and specifications) specified on the enclosed Acknowledgement of Insurance Requirements Form. 4.1.3 The City of Cape Coral and its members, officers and employees shall be named as additional insured on the General Liability coverage, as it pertains to acts of the awarded bidder in its performance of this Contract. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the awarded bidder. 4.1.4 Neither approval nor failure to disapprove the insurance furnished by awarded bidder to the City shall relieve the awarded bidder of the awarded bidder's full responsibility to provide insurance as required by this Contract. The awarded bidder shall be responsible for assuring that the insurance remains in force for the duration of the contractual period; including any and all option years that may be granted to the awarded bidder. The certificate of insurance shall contain the provision that the City be given no less than thirty (30) days written notice of cancellation. If the insurance is scheduled to expire during the contractual period, the awarded bidder shall be responsible for submitting new or renewed certificates of insurance to the City at a minimum of fifteen (15) calendar days in advance of such expiration. 4.1.5 Unless otherwise notified, the certificate of insurance shall be delivered to: City of Cape Coral Procurement Division PO Box 150027 Cape Coral, FL 33915-0027 The name and address of the City of Cape Coral, as shown directly above, must be the Certificate Holder on the certificate of insurance. 4.1.6 The awarded bidder may be in default of the award for failure to maintain the insurance as required by this bid. 4.2 INDEMNIFICATION To the extent permitted by law (F.S. 768.28), the awarded bidder shall indemnify and hold harmless the City, its officers and employees, from liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the awarded bidder and any persons employed or utilized by the awarded bidder in the performance of the resulting contract. 4.3 ESTIMATED QUANTITIES The quantities specified herein are estimates only and no guarantees are expressed nor implied. 4.4 BID PRICE Bid price shall be all inclusive of product, transportation charges, unloading charges, and/or any other charges incurred in delivery per bid specifications. Page 14 of 35 Page 1509 of 1675 Sulfuric Acid ITB-UT18-57/MC 4.5 AUTHORITY TO PIGGYBACK It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this advertised request constitutes a bid made under the same conditions, for the same contract price, to other governmental entities in Florida. Each government agency desiring to accept these bids, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for services ordered and received by it, and no agency assumes any liability by virtue of this bid. 4.6 BID SECURITY A Bid Security Requirements Form is included and must be completed and returned with the bid. See form for specific information. (Exhibit K) 4.7 METHOD OF ORDERING It is anticipated that the City will utilize blanket purchase orders. Orders will be placed on an as needed basis. 4.8 INSPECTION Upon receipt, a City representative prior to acceptance shall inspect each shipment for condition and specification compliance. If the shipment has to be rejected for any reason, the seller shall be required to pick up the shipment at point of delivery at no charge to the City. 4.9 INVOICES Invoices must include full item description, unit and extended prices, Purchase Order number, ordering division, delivery location, quantities delivered and backorder status. 4.10 PAYMENTS 4.10.1 Contractor shall invoice the City upon completion of installation and training and final acceptance of the project. City shall make payment and Contractor shall be in receipt of all sums properly invoiced within thirty (30) days of the City's receipt of such invoice unless, within a fifteen (15) day period, City notifies Contractor in writing of its objection to the amount of such invoice, together with City's determination of the proper amount of such invoice. City shall pay any undisputed portion of such invoice within such thirty (30) day period. 4.10.2 If City shall give such notice to the Contractor within such fifteen (15) day period, such dispute over the proper amount of such invoice shall be resolved, and after final resolution of such dispute, City shall promptly pay the Contractor the amount so determined, less any amounts previously paid by City with respect to such invoice. In the event it is determined that City has overpaid such invoice, the Contractor shall promptly refund to the City the amount of such overpayment. 4.10.3 The City of Cape Coral has implemented a P-Card Program. The awarded Contractor may take advantage of this program and receive payments within days of delivery in lieu of standard invoicing by accepting a City of Cape Coral VISA Purchasing Card. However, no additional costs will be covered by the City of Cape Coral for the awarded Contractor Merchant Service fees and/or interchange rate. Page 15 of 35 Page 1510 of 1675 Sulfuric Acid ITB-UT18-57/MC 4.11 OTHER CONTRACTS The City of Cape Coral reserves the right to purchase off of State Contract or any other available contract if deemed to be in the best interest of the City. 4.12 SUMMARY REPORTS Awarded bidder(s) shall be responsible for furnishing summary reports to the Procurement Division upon request. These reports shall be for time period specified and contain quantity and dollars spent for each item purchased. 4.13 RECORD KEEPING The awarded bidder shall maintain auditable records concerning the procurement adequate to account for all receipts and expenditures, and to document compliance with the specifications. These records shall be kept in accordance with generally accepted accounting principles, and the City of Cape Coral reserves the right to determine the record-keeping method in the event of non-conformity. These records shall be maintained for ten (10) years after final payment has been made and shall be readily available to City personnel with reasonable notice, and to other persons in accordance with the Florida Public Disclosure Statutes Records of the Contractor's personnel, sub-consultants, and the costs pertaining to the Project shall be kept in accordance with generally accepted accounting practices. Contractor shall keep full and detailed accounts and financial records pertaining to the provision of services for the City. Prior to commencing work, Contractor shall review with and obtain the City's approval of the accounting procedures and records to be utilized by the Contractor on the Project. Contractor shall preserve the aforementioned Project records for a period of ten (10) years after final payment, or for such longer period as may be required by law. 4.14 PUBLIC RECORDS Pursuant to Florida Statute §287.058 (1) (c), this contract may be unilaterally cancelled by the City if the Contractor refuses to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt from disclosure. 4.15 QUESTIONS Any requests for additional information or clarification should be submitted in writing to the attention of, Mark Connelly, Procurement Specialist, by email at mconnell(u_capecoral.net or by fax at 239-574-0837 prior to 4:00 pm April 13, 2018. Any questions or requests for additional information or clarifications will not be accepted after 4:00 pm April 13, 2018. Questions regarding the technical specifications may be forwarded to the requesting department by the Procurement Division. 4.16 EVALUATION &AWARD Evaluation of the bids will be based on cost, conformance to the specifications, and the ability of the vendor(s) to adequately meet the City's needs. The City intends to award to the lowest responsive responsible bidder. In determining the lowest responsive responsible bidder, in addition to price, the following shall be considered: Page 16 of 35 Page 1511 of 1675 Sulfuric Acid ITB-UT18-57/MC 4.16.1 The ability, capacity, skill and sufficiency of resources of the bidder to perform the contract. 4.16.2 The bidder's ability to perform the contract within the time specified. 4.16.3 The character, integrity, reputation,judgment, experience and efficiency of the bidder. 4.16.4 The quality of performance of the bidder on previous City contracts. 4.16.5 The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 4.16.6 The quality, availability and adaptability of the supplies or professional or contractual services to the particular use required. 4.16.7 The ability of the bidder to provide future maintenance, service or warranty work. The City Council reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids; to reject any and all bids in whole or in part with or without cause, and/or to accept bids that in its judgment will be in the best interest of the City. Following complete investigation of each bid received by the City, the City Council reserves the right to make awards on a multiple, lump sum, or individual item basis or in combination as shall best serve the interest of the City. 4.17 REFERENCES Bidder must submit three references per Exhibit I — References. END OF SECTION Page 17 of 35 Page 1512 of 1675 Sulfuric Acid ITB-UT18-57/MC CITY OF CAPE CORAL OFFICIAL BID PROPOSAL PAGE 1 OF 2 The undersigned certifies that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder and that the bidder is in compliance with all requirements. In submitting a bid to the City of Cape Coral, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Cape Coral all rights, title and interest in and all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Cape Coral. At the City's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. The undersigned declares that the statements and representations made in this proposal are true in every respect and that the said proposal is in all respects fair and made without collusion or fraud, and that no member of the City Council or any other agent or employee of the City, directly or indirectly, is interested in this bid proposal or in any profits expected to accrue therefrom. The undersigned acknowledges receipt of the following addenda, and the cost, if any, of such revisions has been included in the price of the bid. Addendum# Addendum# Addendum# Prices quoted shall be effective for one hundred twenty (120) days from bid opening date, and if accepted by the City, for the period specified herein. Est. Annual Description Unit Cost Usage Total Bid SULFURIC ACID, as specified $ /ton x 3,000 tons $ Manufacturer: Minimum order: FEIN: NAME OF BUSINESS MAILING ADDRESS AUTHORIZED SIGNATURE CITY,STATE&ZIP CODE NAME,TITLE,TYPED PHONE NUMBER E-MAIL ADDRESS FAX NUMBER Page 18 of 35 Page 1513 of 1675 Sulfuric Acid ITB-UT18-57/MC OFFICIAL BID PROPOSAL PAGE 2OF2 REMARKS BY BIDDER If there are any deviations, they MUST be listed below, otherwise none will be allowed. If additional space is required, attach another sheet to this Bid Proposal. If nothing is listed below, it will be interpreted as meaning NO DEVIATIONS. BIDDER: Page 19 of 35 Page 1514 of 1675 Sulfuric Acid ITB-UT18-57/MC EXHIBIT A BID PREPARATION CHECKLIST The Bid Preparation Checklist is a guide to assist the Bidder in verifying the completeness of their response. The Bid Preparation Checklist does not relieve the Bidder of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. Check off each of the following as you comply: Read the entire Invitation to Bid document. Invitation to Bid — Bidder Acknowledgement/ Non-Collusion Signed Required Official Bid Proposal Form. Official Bid Proposal Form MUST be completed in full, all forms signed where indicated, and returned as part of your proposal package. Failure to return ALL pages of the bid proposal form may result in rejection of your bid. Sworn Statement on Public Entity Crimes (Exhibit B) Form 3A Interest in Competitive Bid for a City of Cape Coral elected official, employee, spouse, or child who has an interest in the business. If this form does not apply, mark Form 3A as N/A. (Exhibit C) Drug Free Workplace Certification — (Exhibit D) Acknowledgement of Insurance Requirements—(Exhibit E) Corporate Resolution (Exhibit F) Protest Procedures (Exhibit G) Non-Collusive Affidavit (Exhibit H) References (Exhibit 1) Contacts Page (Exhibit J) Bid Security Requirements Form (Exhibit K) Copy of Bidder's License(s)Applicable for Performance of Work Safety Data Sheets (if applicable) ONE original bid, three (3) copies of bid, and one (1) readable/reproducible disk (CD) or flash drive completely duplicating the original The outer packaging shall clearly state Invitation to Bid Title, Invitation to Bid Number, Solicitation Opening Date and Time! The documents mentioned on this page must be provided. Failure to provide or properly execute these items/documents may result in your bid being considered non-responsive and, if so, will be rejected and not considered for award by City Council. Page 20 of 35 Page 1515 of 1675 Sulfuric Acid ITB-UT18-57/MC EXHIBIT B SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a notary public or other officer authorized to administer oaths. 1. This sworn statement is submitted to (Print name of the public entity) by (Print individual's name and title) for (Print name of entity submitting sworn statement) whose business address is (If applicable) its Federal Employer Identification Number(FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement on an attached sheet (required as per IRS Form W-9). (Social Security Number required for one or more of the following purposes: identification and verification; credit worthiness; billing and payment; data collection, reconciliation, tracking, benefit processing and tax reporting. Social Security Numbers are also used as a unique numeric identifier and may be used for such purposes. 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including but not limited to, and bid or contract for goods or services to be provided to any public entity or agency or political subdivision or any other state or of the Unites States, and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that"convicted" or"conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime, or: 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those offices, directors, executives, partners, shareholders, employees, members and agents who are active in the management of the affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm's length agreement, shall be a facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. Page 21 of 35 Page 1516 of 1675 Sulfuric Acid ITB-UT18-57/MC SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of the entity. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting those sworn statements. (Please indicate which statement applies.) Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearing and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (Date) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, (Name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this day of 12018. (NOTARY PUBLIC) My Commission Expires: Page 22 of 35 Page 1517 of 1675 Sulfuric Acid ITB-UT18-57/MC EXHIBIT C FORM 3A - INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS LAST NAME - FIRST NAME - MIDDLE INITIAL OFFICE POSITION HELD MAILING ADDRESS AGENCY CITY ZIP COUNTY ADDRESS OF AGENCY WHO MUST FILE THIS STATEMENT Sections 112.313(3)and 112.313(7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees,their spouses,and their children. See Part III, Chapter 112, Florida Statutes and/or the brochure entitled"A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes, provides certain limited exemptions to the above-referenced prohibitions, including one where the business is awarded under a system of sealed, competitive bidding; the public official has exerted no influence on bid negotiations or specifications; and where disclosure is made, prior to or at the time of the submission of the bid, of the official's or his spouse's or child's interest and the nature of the intended business. This form has been promulgated by the Commission on Ethics for such disclosure, if and when applicable to a public officer or employee. INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS(Required by 112.313 12 b , Fla.Stat. 1.The competitive bid to which this statement applies has been/will be(strike one)submitted to the following government agency: 2. The person submitting the bid is: NAME ♦ POSITION 3. The business entity with which the person submitting the bid is associated is: 4. My relationship to the person or business entity submitting the bid is as follows: 5. The nature of the business intended to the transacted in the event that this bid is awarded is as follows: a. The realty,goods and/or services to be supplied specifically include: b. The realty,goods and/or services will be supplied for the following period of time: c. Will the contract be subject to renewal without further competitive bidding? Yes No. If so,how often? 6. Additional comments: 7. SIGNATURE DATE SIGNED DATE FILED FILING INSTRUCTIONS If you are a state officer or employee required to disclose the information above, please file this form with the Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709; physical address: 3600 Maclay Blvd. South, Suite 201, Tallahassee, FL 32312. If you are an officer or employee of a political subdivision of this state and are subject to this disclosure, please file the statement with the Supervisor of Elections of the county in which the agency in which you are serving has its principal office. NOTICE: UNDER THE PROVISIONS OF FLORIDA STATUTES#112.317,A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, ORA CIVIL PENALTY NOT TO EXCEED $10,000.00 CE FORM 3A-REV. 12/09 Page 23 of 35 Page 1518 of 1675 Sulfuric Acid ITB-UT18-57/MC EXHIBIT D CITY OF CAPE CORAL DRUG FREE WORKPLACE CERTIFICATION In order for the City of Cape Coral to continue as a drug-free workplace, a business shall. 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid/proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid/proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Company Name (please print) Authorized Signature Date Page 24 of 35 Page 1519 of 1675 Sulfuric Acid ITB-UT18-57/MC EXHIBIT E ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS Insurance: The following insurance will be required by the CITY OF CAPE CORAL. Workers' Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Liability with minimum limits of $3,000,000 each accident. Comprehensive General Liability: Shall have minimum limits of $ 3,000,000 per occurrence. Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and/or Operations, Independent Contractors and Products and/or Completed Operations, Broad Form Property Damage, XCU Coverage, and a Contractual Liability Endorsement. Business Auto Policy: Shall have minimum limits of $ 3,000,000 per occurrence. Combined Single Limit for Bodily Injury and Property Damage Liability. This shall include owned vehicles, hired and non-owned vehicles, and employees' non-ownership. Pollution Liability: Covering a transporter moving hazardous products or waste as cargo aboard the transporter's truck. Shall have a minimum limit of$ 3,000,000 per occurrence. Combined Single Limit for Bodily Injury, Property Damage Liability and Cleanup, including wrongful delivery. This shall include owned vehicles, hired and non-owned vehicles. Certificate of Insurance: The City of Cape Coral is to be specifically included as an additional insured. This does not pertain to Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The policy shall provide a 30-day notification clause in the event of cancellation or modification to the policy. Unless otherwise specified, it shall be the responsibility of the contractor to ensure that all subcontractors comply with the same insurance requirements spelled out above. All certificates of insurance must be on file with and approved by the City of Cape Coral before the commencement of any work activities. Statement of Bidder: AUTHORIZED SIGNATURE DATE: NAME AND TITLE (PRINTED OR TYPED) BIDDER: Page 25 of 35 Page 1520 of 1675 Sulfuric Acid ITB-UT18-57/MC EXHIBIT F CORPORATE RESOLUTION I, Secretary of a corporation organized and existing under the laws of the State of hereby certify that at a meeting of the Board of Directors of the Corporation duly called and held on , 20_, at which a quorum was present and acting throughout,the following resolutions were adopted and are now in full force and effect: RESOLVED that the following individuals of this corporation are authorized to execute on behalf of this corporation a Bid and Agreement to City of Cape Coral, Florida for the construction of the (Project Name) I further certify that the names of the officers of this corporation and any other persons authorized to act under this resolution and their official signatures are as follows: NAME OFFICIAL TITLE OFFICIAL SIGNATURE Corporation address Corporation phone number IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary and affixed the seal of the corporation this day of 20_. SECRETARY: DATE: (Signature) Page 26 of 35 Page 1521 of 1675 Sulfuric Acid ITB-UT18-57/MC EXHIBIT G PROTEST PROCEDURES 1. Right to Protest. Any person or firm who is affected adversely by the CITY's decision or intended decision may protest to the City Council. 2. Time Limits and Form of Protest. A protest with respect to an Invitation for Bid or Request for Proposal shall be submitted in writing to the Procurement Manager prior to the opening of bids or the closing date of proposals. A written notice of intent to protest an intended bid award shall be filed with the City Procurement Manager within five (5) business days (excluding Saturdays, Sundays, and Legal Holidays) after the date of mailing of the notice of intent to award the contract. A written notice of intent to protest the ranking of proposals submitted in response to a request for proposals shall be filed with the Procurement Manger within five business days (excluding Saturdays, Sundays and legal holidays) after the date of mailing of the notice of ranking by the SAC or by the City Manager or designee. Only those persons or firms who have been submitted a bid/proposal or who have been interviewed and ranked shall be permitted to file a protest. A formal written protest shall be filed within ten (10) calendar days after the filing of the initial written notice of intent to protest and shall be delivered in a manner that requires a signature by a representative of the City. The formal written protest shall state with particularity the facts and law upon which the protest is based. Failure to file a notice of protest or failure to file a formal written protest within the time limits prescribed herein shall constitute a waiver of the right to protest. Upon the filing of a formal written protest the contractor or vendor shall post a bond, payable to the City of Cape Coral, in an amount equal to five percent of the total bid or estimated contract amount, or five thousand dollars ($5,000.00), whichever is less. The bond shall be conditioned upon the payment of all costs which may be adjudged against the protesting contractor or vendor in the event the protest is resolved adversely to the protester. An Irrevocable Letter of Credit or other form of approved security, payable to the CITY, will be accepted. Failure to submit a bond simultaneously with the formal written protest shall invalidate the protest and the CITY may proceed to award the contract as if the protest had never been filed. 3. Hearing. If the subject of a protest is not resolved by mutual agreement within seven (7) calendar days after receipt of a formal written protest, the matter may, at the option of the City Council, be referred to a hearing officer or administrative law judge who shall conduct a hearing within fifteen (15) calendar days of receipt of the formal written protest. The hearing officer or administrative law judge shall render a recommended order within thirty (30) calendar days after the hearing. The recommended order shall be scheduled on the next Council agenda for final action. If Council so elects; the protest may be heard directly by the City Council. 4. Stay of Action. Upon receipt of a formal written protest which has been timely filed, the CITY shall stop the bid solicitation, RFP process or the contract award process until the subject of the protest is resolved either informally or by formal City Council action, unless the City manager sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation or RFP process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. 5. Decision: Entitlement to Costs. If a protest is sustained and it is determined that the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror shall be entitled to recover from the CITY the reasonable costs incurred in connection with preparing its bid, but shall not be entitled to recover lost profits or attorney's fees. The decision shall be final and conclusive as to the CITY unless an appeal is filed or an action is filed in court within ten days of the date of the decision of Council. Page 27 of 35 Page 1522 of 1675 Sulfuric Acid ITB-UT18-57/MC EXHIBIT H NON-COLLUSIVE AFFIDAVIT State of County of being first duly sworn, deposes and says that he is (partner or officer of the firm, etc.), the party making the fore-going proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any other bidder, or to fix overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the City of Cape Coral of any person interested in the proposed contract; and that all statements in said proposal or bid are true. (Bidder, if the bidder is an individual; Partner, if the bidder is a partnership; Officer, if the bidder is a corporation) (Company Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of by (name and title of corporate officer) of (name of corporation), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced (type of identification) as identification. (Signature line for notary public) (Name of notary type, printed or stamped) (Title or rank) My commission expires: Page 28 of 35 Page 1523 of 1675 Sulfuric Acid ITB-UT18-57/MC EXHIBIT I REFERENCES Provide a list of three references (preferably government entities) for whom your company has provided similar services. GOVERNMENT ENTITY OR COMPANY NAME CONTACT PERSON ADDRESS PHONE NUMBER EMAIL ADDRESS SERVICES PROVIDED FOR THIS REFERENCE WHEN GOVERNMENT ENTITY OR COMPANY NAME CONTACT PERSON ADDRESS PHONE NUMBER EMAIL ADDRESS SERVICES PROVIDED FOR THIS REFERENCE AND WHEN GOVERNMENT ENTITY OR COMPANY NAME CONTACT PERSON ADDRESS PHONE NUMBER EMAIL ADDRESS SERVICES PROVIDED FOR THIS REFERENCE AND WHEN Page 29 of 35 Page 1524 of 1675 Sulfuric Acid ITB-UT18-57/MC EXHIBIT J CONTACTS PAGE ACCOUNT MANAGER OR SALES REP. Name Phone Cell: Fax: Email: EMERGENCY CONTACT. Name Phone Cell: Fax: Email: ORDERS (during business hours) Name Phone Fax: Email: ORDERS (after business hours) Name Phone Fax: Email: Page 30 of 35 Page 1525 of 1675 Sulfuric Acid ITB-UT18-57/MC EXHIBIT K BID SECURITY REQUIREMENTS FORM Each person or entity submitting a sealed bid may be required to post bid security in an amount equal to 5% of the total base bid or amount identified in the special conditions. The security shall be payable to the City of Cape Coral and may be in the form of a bid bond, cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or security of a type listed in Part II of Chapter 625, Florida Statutes. The bid security of each bidder will be held by the city during the bid evaluation period. After the bid is formally awarded by City Council, the unsuccessful bidders who posted security other than a bid bond will have their security returned to them no later than ten (10) days after the bid award. The bid security of the successful bidder will be held by the City until such time as the bidder executes the written contract with the City. If the bidder fails or refuses to execute the contract in accordance with the bid documents or fails or refuses to provide any other instruments required by the bid specifications (i.e. performance bond, insurance, etc.), the bid security shall be forfeited to the City. Bids shall be unconditionally accepted and may not be altered or corrected by the bidder. Erroneous bids may be withdrawn only with permission of City Council and subject to the restrictions contained in Section 2-144(a) (9) of the City Code. If a bidder requests to withdraw his or her bid without meeting the requirements of Section 2- 144(a) (9) of the City Code and/or without City Council approval, the City may retain the bid security or take action against any bid bond which is posted as security. The Bidder agrees to the bid security requirements as listed above. BID # DATE Attached hereto is a bid security in the form of a for the written sum of (Security Type: Bond, Cashier's Check, Etc.) Dollars ($ ). FIRM NAME: ADDRESS: Signature Name (Printed) Official Title Authorized under the laws of the State of and authorized by the law to submit this bid and perform all services and/or furnish materials and equipment required under the contract documents. Page 31 of 35 Page 1526 of 1675 Sulfuric Acid ITB-UT18-57/MC Exhibit L Sample Contract CITY OF CAPE CORAL CONTRACT# CON-UT18-57/MC SULFURIC ACID This Agreement, made and entered into this day of 2018 by and between the CITY OF CAPE CORAL, FLORIDA, hereinafter called "CITY", and doing business as a corporation, hereinafter called "CONTRACTOR". WITNESSETH: that for and in consideration of the payments and agreements mentioned hereinafter: 1. The CONTRACTOR will supply SULFURIC ACID in accordance with the Bid Documents and Specifications. 2. The term of this agreement shall be for a three (3) year period from 2018 through , 2021. 3. The CONTRACTOR agrees to supply products as described in the Bid DOCUMENTS at the unit price of $ /ton listed on the CONTRACTOR'S Official Bid Proposal Form (Attachment A) during the term of the contract hereto and made a part hereof. 4 This agreement may be terminated by the CITY for its convenience upon thirty (30) days prior written notice to the CONTRACTOR. This agreement may be terminated by the CONTRACTOR on the anniversary of the agreement with a one hundred twenty (120) day written cancellation notice submitted to the City's Procurement Manager. 5. The Term "Contract Documents" means and includes the following: A. Bid Specifications Prepared and Issued by the CITY. B. Submitted Response of CONTRACTOR to the CITY, except when it conflicts with any other contractual provision. C. This Contract as well as all other documents attached hereto and/or referenced herein. This agreement constitutes the entire and exclusive agreement between the parties and supersedes any and all prior communications, discussions, negotiations, understandings, or agreements, whether written or verbal. In the event of conflict between any provision of any other document referenced herein as part of the contract and this agreement, the terms of this agreement shall control. 6. All time limits listed in the contract documents are of the essence in the performance of this agreement. 7. The CONTRACTOR shall maintain auditable records concerning the procurement adequate to account for all receipts and expenditures, and to document compliance with the specifications. These records shall be kept in accordance with generally accepted accounting principles, and the City of Cape Coral reserves the right to determine the record-keeping method in the event of non-conformity. These records shall be maintained for ten (10) years after final payment has been made and shall be readily available to City personnel with reasonable notice, and to other persons in accordance with the Florida Public Disclosure Statutes. INITIALS Page 32 of 35 Page 1527 of 1675 Sulfuric Acid ITB-UT18-57/MC Sample Contract CITY OF CAPE CORAL CONTRACT# CON-UT18-57/MC SULFURIC ACID 8. Assignment: This agreement may not be assigned except at the written consent of the CITY, and if so assigned, shall extend and be binding upon the successors and assigns of the CONTRACTOR. 9. Disclosure: The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona-fide employee working solely for the Contractor to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona-fide employee working solely for the Contractor, any fee, commission, percentage, gift, or other compensation contingent upon or resulting from the award or making of the agreement. 10 Unauthorized Aliens: The employment of unauthorized aliens by any CONTRACTOR is considered a violation of Section 274A (e) of the Immigration and Nationality Act. If the CONTRACTOR knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of any contract resulting from this solicitation. This applies to any sub-Contractors used by the CONTRACTOR as well. 11. Administration of Agreement: The Public Works Director, or his representative, shall administer this agreement for the CITY. 12. Governing Law: The validity, construction and effect of this Contract shall be governed by the laws of the State of Florida. All claim and/or dispute resolution under this Agreement, whether by mediation, arbitration, litigation, or other method of dispute resolution, shall take place in Lee County, Florida. More specifically, any litigation between the parties to this Agreement shall be conducted in the Twentieth Judicial Circuit, in and for Lee County, Florida. In the event of any litigation arising out of this Contract, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorney's fees. 13. Public Records: Pursuant to Florida Statute §287.058 (1) (c), this contract may be unilaterally cancelled by the City if the Contractor refuses to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt from disclosure. 14. Amendments: No Amendments or variation of the terms or conditions of this agreement shall be valid unless in writing and signed by the parties. 15. Indemnity: The CONTRACTOR shall indemnify and hold harmless the CITY, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by CONTRACTOR in the performance of this Contract. 16. Invalid Provision: The invalidity or unenforceability of any particular provision of this agreement shall not affect the other provisions hereof, and the agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. INITIALS Page 33 of 35 Page 1528 of 1675 Sulfuric Acid ITB-UT18-57/MC Sample Contract CITY OF CAPE CORAL CONTRACT# CON-UT18-57/MC SULFURIC ACID 17. Insurance: Without limiting its liability, the CONTRACTOR shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts as specified in the Contract Documents which will protect the CONTRACTOR, from claims which may arise out of or result from the CONTRACTOR'S execution of the project, whether such execution by himself or by any sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. Any questions regarding the insurance requirements should be directed to the Risk Manager, (239) 573-3138. The CITY shall be listed as additional insured on General Liability policies. Workers' Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The policy must include Employer's Liability with a minimum limit of $3,000,000.00 for each accident. Comprehensive General Liability coverage shall have minimum limits of $3,000,000.00 per occurrence, combined single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and/or Operations; Independent Contractors and Products and/or Completed Operations; Broad Form Property Damage; and a Contractual Liability Endorsement. Business Vehicular Liability coverage shall have minimum limits of $3,000,000.00 per occurrence. Combined Single Limit for Bodily Injury Liability, and Property Damage Liability: This shall include Owned Vehicles, Hired and non-Owned Vehicles and Employees Non-Ownership. Pollution Liability: Covering a transporter moving hazardous products or waste as cargo aboard the transporter's truck. Shall have minimum limits of $3,000,000 per occurrence. Combined Single Limit for Bodily Injury, Property Damage Liability and Cleanup, including wrongful delivery. This shall include owned vehicles, hired and non-owned vehicles. The City shall be listed as an Additional Insured on the General Liability policy. In the event the insurance coverage expires prior to completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. The policy shall provide a 30-day notification clause in the event of cancellation or modification to the policy. Unless otherwise specified, it shall be the responsibility of the CONTRACTOR to insure that all sub- contractors comply with the same insurance requirements herein. All proposer certificates of insurance must be on file with and approved by the City before the commencement of work activities. Waivers of subrogation shall also be provided upon approval of the applicable insurers. The CONTRACTOR shall "flow down" the requirements of this provision to all sub-contractors. The limits of insurance required above must be retained throughout the term of the contract. The CONTRACTOR must notify the City immediately if any of the required coverage limits are reduced due to claim activity or for any other reason. Policies should be written on an "occurrence" basis. 18. Entire Agreement: This Contract constitutes the entire and exclusive agreement between the parties and supersedes any and all prior communications, discussions, negotiations, understandings, or agreements, whether written or verbal. INITIALS Page 34 of 35 Page 1529 of 1675 Sulfuric Acid ITB-UT18-57/MC Sample Contract CITY OF CAPE CORAL CONTRACT# CON-UT18-57/MC SULFURIC ACID IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed, by their duly authorized officials this Contract in one counterpart which shall be deemed an original on the date last signed as below written: WITNESS CITY: CITY: City of Cape Coral, Florida Signature: Signature: Typed Name: Rebecca van Deutekom Typed Name: A. John Serzlag Title: City Clerk Title: City Manager Date: CITY LEGAL REVIEW: Dolores Menendez Date City Attorney WITNESS CONTRACTOR: CONTRACTOR: Company: Signature: Signature: Typed Name: Typed Name: Title: Title: Date: Page 35 of 35 Page 1530 of 1675 RESOLUTION 108—18 A RESOLUTION OF THE CITY OF CAPE CORAL AWARDING A BID FOR THE PURCHASE AND DELIVERY OF SULFURIC ACID TO SHRIEVE CHEMICAL COMPANY; PROVIDING FOR SUBSEQUENT EXECUTION OF THE CONTRACT DOCUMENTS BY THE CITY MANAGER;PROVIDING AN EFFECTIVE DATE. WHEREAS,on March 28,2018,INVITATION TO BID (ITB) #UT18-57JMC was issued for the purchase and delivery of sulfuric acid for use at the City's Reverse Osmosis Plants;and WHEREAS,two (2)bids were submitted and opened on April 27,2018;and WHEREAS,the term of the contract is three years;and WHEREAS, the City Manager recommends the award of the bid to Shrieve Chemical Company, as the lowest qualified responsible and responsive bidder meeting the requirements and specifications set forth in the invitation to bid,at the unit prices bid,in the estimated annual amount of$336,000. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE CORAL,FLORIDA,AS FOLLOWS: Section 1. The City Council hereby awards the bid for the purchase and delivery of sulfuric acid to Shrieve Chemical Company, at the unit prices bid, in the estimated annual amount of $336,000,not to exceed budgetary limits. Section 2. The City Council hereby approves the contract between the City of Cape Coral and Shrieve Chemical Company,for the purchase and delivery of sulfuric acid,and authorizes the City Manager to execute the Contract,any authorized contract amendments or purchase orders,not to exceed current budgetary limits. A copy of the Contract is attached hereto as Exhibit 1. Section 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY THE CITY IL OF THE CITY OF CAPE CORAL AT ITS REGULAR COUNCIL SESSION THIS DAY OF 2018. JO IELLO,MAYOR VOTE OF MAYOR AND COUNCILMEMBERS: COVIELLO n,4 e, NELSON GUNTER Pj STOKES CARIOSCIA WILLIAMS STOUT M!e� COSDEN ATTESTED TO AND FILED IN MY OFFICE THIS I � DAY OF J 2018. R tBECCA VAN DEUTEKOM, CITY CLERK APPROVED AS TO FORM: I DOLORES D.MENENDEZ CITY ATTORNEY res/Bid Award-Shrieve Chemical Company Page 1531 of 1675 Sulfuric Acid ITB-UT18-571MC CITY OF CAPE CORAL CONTRACT#CON-UT18-57/MC SULFURIC ACID This Agreement, made and entered into this day of .20 by and between the CITY OF CAPE CORAL, FLORIDA, hereinafter 689ed "CITY", and Sh*e Chemical Company, 204 South Lake Florence Drive, Winter Haven, FL. 33884 doing busirfss as a corporation, hereinafter called "CONTRACTOR". 1= WITNESSETH: that for and in consideration of the payments and agreements mentia*d hereinafter: a 1. The CONTRACTOR will supply SULFURIC ACID in accordance with the Bid Docurrints and Specifications. ' rn 2. This CONTRACTOR agrees to supply products, within three (3) calendar days, as described in the BID DOCUMENTS at the unit price of$112.00/ton listed on the attached CONTRACTOR'S Official Bid Proposal Form (Exhibit A) during the term of the contract hereto and made a part hereof. 3. The term of this agreement is for three (3) years from September 9, 2018 through September 8, 2021. 4. This agreement may be terminated by the CITY for its convenience upon thirty (30) days prior written notice to the CONTRACTOR. This agreement may be terminated by the CONTRACTOR on the anniversary of the agreement with a one hundred twenty(120)day written cancellation notice submitted to the City's Procurement Manager. 5. The Term "Contract Documents" means and includes the following: A. Bid Specifications Prepared and Issued by the CITY. B. Submitted Response of CONTRACTOR to the CITY, except when it conflicts with any other contractual provision. C. This Contract as well as all other documents attached hereto and/or referenced herein. This agreement constitutes the entire and exclusive agreement between the parties and supersedes any and all prior communications, discussions, negotiations, understandings, or agreements, whether written or verbal. In the event of conflict between any provision of any other document referenced herein as part of the contract and this agreement, the terms of this agreement shall control. 6. All time limits listed in the contract documents are of the essence in the performance of this agreement. 1 Page 1532 of 1675 Sulfuric Acid ITB-UT18-57/MC CITY OF CAPE CORAL CONTRACT#CON-UT18-57/MC SULFURIC ACID 7. The CONTRACTOR shall maintain auditable records concerning the procurement adequate to account for all receipts and expenditures, and to document compliance with the specifications. These records shall be kept in accordance with generally accepted accounting principles, and the City of Cape Coral reserves the right to determine the record-keeping method in the event of non-conformity.These records shall be maintained for ten (10)years after final payment has been-made and shall be readily available to City personnel with reasonable notice, and to other persons in accordance with the Florida Public Disclosure Statutes. 8. Assignment: This agreement may not be assigned except at the written consent of the CITY, and if so assigned, shall extend and be binding upon the successors and assigns of the CONTRACTOR. 9. Disclosure: The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee; commission, percentage, gift, or other compensation contingent upon or resulting from the award or making of the agreement. 10. Payments: City shall make payment and Contractor shall be in receipt of all sums properly invoiced within thirty (30)days of the City's receipt of such invoice unless, within a fifteen (15) day period, City notifies Contractor in writing of its objection to the amount of such invoice, together with City's determination of the proper amount of such invoice. City shall pay any undisputed portion of such invoice within such thirty (30) day period. If City shall give such notice to the Contractor within such fifteen (15) day period, such dispute over the proper amount of such invoice shall be resolved, and after final resolution of such dispute, City shall promptly pay the Contractor the amount so determined, less any amounts previously paid by City with respect to such invoice. In the event it is determined that City has overpaid such invoice, the Contractor shall promptly refund to the City the amount of such overpayment. 11. Annual Appropriation Contin_ eq ncy: Pursuant to Florida Statute §166.241, the City's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the City Council. This Contract is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the City if the City Council reduces or eliminates appropriations. 12. Unauthorized Aliens: The employment of unauthorized aliens by any CONTRACTOR is considered a violation of Section 274A € of the Immigration and Nationality Act. If the CONTRACTOR knowingly employs unauthorized aliens; such violation shall be cause for unilateral cancellation of any contract resulting from this solicitation. This applies to any sub-Contractors used by the CONTRACTOR as well. 13. Administration of Agreement: The Utilities Director, or his representative, shall administer this agreement for the CITY. 2 Page 1533 of 1675 Sulfuric Acid ITB-UT18-57/MC CITY OF CAPE CORAL CONTRACT#CON-UT18-57/MC SULFURIC ACID 14. Governing Law: The validity, construction and effect of this Contract shall be governed by the laws of the State of Florida. All claim and/or dispute resolution under this Agreement, whether by mediation, arbitration, litigation, or other method of dispute resolution, shall take place in Lee County, Florida. More specifically, any litigation between the parties to this Agreement shall be conducted in the Twentieth Judicial Circuit, in and for Lee County, Florida. In the event of any litigation arising out of this Contract, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorney's fees. 15. Public Records: Pursuant to Florida Statute §287.058 (1) (c), this contract may be unilaterally cancelled by the City if the Contractor refuses to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt from disclosure. 16. Amendments: No Amendments or variation of the terms or conditions of this agreement shall be valid unless in writing and signed by the parties. 17. Indemnity: The CONTRACTOR shall indemnify and hold harmless the CITY, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by CONTRACTOR in the performance of this Contract. 18. Invalid Provision: The invalidity or unenforceability of any particular provision of this agreement shall not affect the other provisions hereof, and the agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 19. Insurance: Without limiting its liability, the CONTRACTOR shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts as specified in the Contract Documents which will protect the CONTRACTOR, from claims which may arise out of or result from the CONTRACTOR'S execution of the project, whether such execution by himself or by any sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. Workers' Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Liability with minimum limits of$3.000.000 each accident. Comprehensive General Liability: Shall have minimum limits of $3,000.000 per occurrence. Combined Single Limit. for Bodily Injury Liability and Property Damage Liability. This shall include Premises and/or Operations, Independent Contractors and Products and/or Completed Operations, Broad Form Property Damage, XCU coverage, and a Contractual Liability Endorsement. Business Auto Policy: Shall have minimum limits of $3.000.000 per occurrence. Combined Single Limit for Bodily Injury and Property Damage Liability. This shall include owned vehicles, hired and non-owned vehicles, and employees' non-ownership. 3 Page 1534 of 1675 Sulfuric Acid ITB-UT18-57/MC CITY OF CAPE CORAL CONTRACT#CON-UT18-57/MC SULFURIC ACID Pollution Liability: Covering a transporter moving hazardous products or waste as cargo aboard the transporter's truck. Shall have a minimum limit of$3.000,000 per occurrence. Combined Single Limit for Bodily Injury, Property Damage Liability and Cleanup, including wrongful delivery. This shall include owned vehicles, hired and non-owned vehicles. Certificate of Insurance: The City of Cape Coral is to be specifically included as an additional insured on the General Liability. This does not pertain to Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The policy shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. Unless otherwise specified, it shall be the responsibility of the contractor to ensure that all subcontractors comply with the same insurance requirements spelled out above. All certificates of insurance must be on file with and approved.by the City of Cape Coral before the commencement of any work activities. Policies should be written on an "occurrence" basis. 20. Entire Agreement: This Contract constitutes the entire'and exclusive agreement between the parties and supersedes any and all prior communications, discussions, negotiations, understandings, or agreements, whether written or verbal. (Balance of page intentionally left blank.) 4 Page 1535 of 1675 Sulfuric Acid ITB-UT18-57/MC CITY OF CAPE CORAL CONTRACT#CON-UT18-57/MC SULFURIC ACID IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed, by their duly authorized officials this Contract in one counterpart which shall be deemed an original on the date last signed as below written: WITNESS CITY: CITY: City of Ca alorid Signature: V441 Signature: Typed Name: Rebecca van Deutekom Typed Name: A. John Serzlaq Title: City Clerk Title: City/Manager Date: CITY LEG L VIEW: Dolores Menendez Date City Attorney WITNESS CONTRACTOR: CONTRACTOR:�v�. �rvti('�,� 1,/� 0�n tiny Signature: Company: S 11 fl Signature: _9411. Typed Name: Ajq CkQS4kiL/ Typed Name: Title:�Y'eQ6AiVRA "4422 - Title: EX-ecw�ve UI C# P(Pfide.4 Date: 5 Page 1536 of 1675 Sulfuric Acid ITB-UT18-57/MC Exhibit A CITY OF CAPE CORAL OFFICIAL BID PROPOSAL PAGE IOF2 The undersigned certifies that this bid is made without prior understanding,agreement or connection with any Corporation, firm or person submitting a bid for the same materials,supplies,or equipment,and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder and that the bidder is in compliance with all requirements. In submitting a bid to the City of Cape Coral,the bidder offers and agrees that If the bid is accepted,the bidder will convey,sell.assign or transfer to the City of Cape Coral all rights,title and Interest in and all causes of action It may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services pui+chased or acquired by the City of Cape Coral. At the City's discretion,such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. The undersigned declares that the statements and representations made In this proposal are true In every respect and that We sold proposal is in oil respects fair and made without colluslon or fraud,and that no member of the City Council or any other agent or employee of the City,directly or indirectly,Is interested In this bid proposal or in any profits expected to accrue therefrom. The undersigned acknowledges receipt of the following addenda,and the cost,if any,of such revisions has been included In the price of the bid. Addendum# _ Addendum# Addendum# Prices quoted shall be effective for one hundred twenty(120)days iron bid opening date,and if accepted by the City,for the period specified herein. Est.Annual Descdotion Unit Coe Usaae Total Bid SULFURIC ACID,as specified $ ton x 3,000 tons $ 3 O Manufacturer. M QS,11 C t e-i i-exg Minimum order. '�^S FEIN: 1 1 oV r 51i.ic./e Che.wi L..) a oil .5 tape rw-er,ce Pf- NAME!.9Xj50WESS MNIUNG ADDRESS r 779z� W+4cr' Have-r, Fl- AUTHORIZEDWONATURE CiTY,STATE S ZIP CODE ( h111.5 -&--1451 vp 5ur,-Ae6at 481- Dts'7—gaak NAME,TME,TYPED PHONE NUMBER . CDuvl$ © di✓cp11e.fdM -W31r7�eD?! E-MAILADDRESS FAX NIAJBER 6 Page 1537 of 1675 Sulfuric Acid ITB-UT18-57/MC Exhibit A OFFICIAL BID PROPOSAL PAGE 2OF2 REMARKS BY BIDDER If there are any deviations, they MUST be listed below, otherwise none will be allowed. If additional space Is required,attach another sheet to this Bid Proposal.If nothing Is listed below,it vnll be interpreted as meaning NO DEVIATIONS. A/0 Ueuc,- to-2 S A-v Dss/r-iy IS `�11fc.o0 BIDDER s�off t%e- t?tie'"� rye j 7 Page 1538 of 1675 11.A. NEW BUSINESS 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Approve the use of$200 of Vice Mayor Romelus's Community Support Funds to assist Digital Vibez, Inc. EXPLANATION OF REQUEST: Digital Vibez,lnc. is a C Corporation dedicated to educating youth in diverse and underserved communities through dance, fitness, technology and the arts. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: Budgeted ALTERNATIVES: Do not approve the expenditure. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Cather Backup information Page 1539 of 1675 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: c Requested by Mayor/Commissioner: ;Ke / . ,� ._ Amount Requested: $ 0�' Recipient/Payee: D,2 1 J-J' Y, Description of project, program, or activity to be funded: bl, hey . _p� �i"66e';4k' �y.i.4-A e`�i. cAl/ile> 'i'.-,ns e°f Ll t 'L�%''S`t'"y"a`''r �"�",Wz ntr• ;�. `F' t.--r a. .+ t > f et /0,-/ 4e.I e Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ The balance of funds available for the requesting Member of the Commission is $ P o - Accordingly: a-There are funds available as requested ❑ There are insufficient funds available as requested Dated: By: f < ' 'u G� Clerk x l Part III-Eligibility Evaluation D' 'Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit a3 _'The recipient/payee provides services within the City kl- The public purpose is beneficial to the entire community served by such donation Dated: By: Requesting Member of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\Community_Support_Funs_Policy.2015.doc Page 1540 of 1675 Form Request for Taxpayer Give Form to the (Rev.November 2017) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to wwwJrs.gov1FormW9 for instructions and the latest information. I Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Digital Vibez,Inc 2 Business name/disregarded entity name,if different from above a1i 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the m 4 Exemptions(codes apply only to M following seven boxes. certain entities,not individuals;see a instructions on page 3): � ❑ Individual/sole proprietor or 2 C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate W single-member LLC L o Exempt payee code(if any) [� Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)0- Note; Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC is code(if aryl a another LLC that is not disregarded from the owner for U.S,federal lax purposes.Otherwise,a single-member LLC that w is disregarded from the owner should check the appropriate box for the tax classification of its owner. y ❑ Other(see instructions)► (app,. m—un,: m.us.i �j 5 Address(number,street,and apt,or suite no,)See instructions. Requester's name and address(optional) 5149 10th Ave N. Suite 200 8 City,state,and ZIP code Greenacres, FI 33463 7 List account number(s)here(optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup when,sole ,For individuals,or this thieg is generally entit, you;social security number(Sater However,fora resident alien,sale proprietor,or disregarded entity,see the instructions for Part I,later.For other, III 1 I t ! entities,it is your employer!dentif!cation number(EIN).If you do not have a number,see How to gef a TIN, later. or Note,If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 1 4 b 5 0 13 � 21 ;FJ, 5] Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)!ndicating that I am exempt from FATCA reporting Is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report ail interest and dividends on your tax return.For reai estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividend .17 are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature of �3 / Here U.S.person► u.. ti Date No, General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds; Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-$(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition!) identification number(TIN)which may be your social security number • Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification'lumber(ATIN),or employer identification number Use Form W-9 only if you are a U.S.person(including a resident (EIN),to report on an information return the amount paid to you,or other alien),to provide your correct TIN, amount reportable on an information return.Examples of information returns include, but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest eamed or paid) be subject to backup withholding.See What is backup withholding, latter. Cat.No.10231X Form 16-90vilil-M 7bf 1675 ..... .. ..- . } tiS�u4 rS s tura }4�ur r LOT.1 uAv rtlt �u Yt iIV'I M �Lr�4j uY�ta,cr a IT w . AGRIPa. x RANGER PRCPEM a t 1 A�, Page 1542 of 1675 Our Programs HOME(HTTPS://WWW.D!GITALVIBEZ.ORG/)\ Programs We Offer We designed our programs to be mobile.This means,we come to you!Schools,Community Based Organizations;anyone can benefit from our programs. Individuals,schools,and communities of all backgrounds and economic status are welcome to reap the benefits of our long list of diverse programs. Our Programs Include: Fitness Jams:We will be mixing hip-hop style dancing with Latin dance moves and island beats.Dances are kid-friendly and repetitive so the even youngest dancer can keep up and feel good about dancing. This 2 hour fitness party includes DJ,lighting,dance instructor,premium sound and dance fun! Hip Hop Dance: We will bring a fresh,new energy to your Afterschool program with our Hip Hop and Step Dance classes!Youth will be engaged in physical activity to promote wellness while using team building and positive music to nurture their relationships and self-esteem.Youth will have fun learning steps and infusing their own moves and inspiration into the routine. They will learn how dance is a free and fun way to be fit and keep exercise in their everyday lives.Youth will be ready for a routine to perform for a family night or talent show. Wellness Workshops: Digital Vibez offers a series of classes comprised of 6 one-hour workshops that focus on health,nutrition,wellness,dance and overall fitness. Delivered weekly by trained instructors,Wellness Workshops engage youth in physical activity while promoting health and wellness. Each participant receives a pedometer and a journal to write about their fitness experience,including goals,accomplishments and pedometer steps. Digital DJjM Topics in this course include: business startup,equipment,music,event management,and entertaining. Students will learn how to setup,test,troubleshoot,and break down professional DJ gear in addition to learning how to build a varied and extensive music collection. Computer Building and Basics:Topics covered include,but are not limited to the basic hardware and software of a computer system,such as the motherboard,video cards,and operating systems.Students will set up a basic computer system,install software and drivers,and resolve conflicts using basic troubleshooting techniques.This class is also for the first time computer user,but it's also intended for Page 1543 of 1675 those whose familiarity with computers is limited and who want a better understanding of the basics. It's also geared towards anyone who has not grown up with a personal computer and now needs to acquire the same assuredness of the younger"internet-surfing"generation. Web Design: Youth will design and publish their own website with the powerful,yet user-friendly web editor Adobe Dreamweaver. They will enhance their creation using the toolsets of Adobe Flash,Wacom pen tablets,and Adobe Photoshop.Students will learn how to hand-code HTML and design creative text effects with customized graphics. Photo and Video Production: Youth will learn about angles and editing in this class. They will be working with Photoshop and create unique images and work on a scrapbook to take home. KidsFit Jamathon: This event takes place annually. We serve about 3,000 youth and staff in Palm Beach County at this event. We have health and fitness information and demonstrations,healthy goody bags,and lots of dancing. If any of these programs are interesting to you,please click here(http://www.digitalvibez.org/contact-us/) to visit our contact us page.We will be happy to provide you with more information! SEARCH Digital Vibez, Inc e° 1,317 likes Like Page Watch Video Digital Vibez, Inc on Sunday Our Summer Wellness Workshop and KidsFit Jamathon made possible by United Way of Palm Beach County, Palm Beach County Youth Services Department, Palm Healthcare Foundation, Inc.,Prime Time Palm Beach County, Inc., Cultural Council of Page 1544 of 1675 I LATEST POST KidsFit Jamathon 2016 (https://www.digitalvibez.org/kidsfit-jamathon-2016/) AUGUST 19,2016 �f , (https://www.digitaivibez.org/kidsfit-jamathon-2016/) 5th Annual KidsFit Jamathon (https://www.digitaivibez.org/5th-annual-kidsfit- jamathon/) JANUARY 25,2016 Vi � A, iw — st (https-://www.digitaivibez.org/5th-annual-kidsfit-jamathon/) 4th Annual Kids Fitness Jams (https://www.digitaivibez.org/4th-annual-kids- fitness-jams/) JUNE 3,2014 Page 1545 of 1675 � 'it t�S t�\ l 6 � 3 4x > (https://www.digitalvibez.org/4th-annual-kids-fitness-jams/) EVENTS CONTACT Address:5199 10th Avenue North Suite 200 Greenacres,A 33463 Email:info@digitalvibez.org Telephone:(561) 244-9983 FAX:(561)327-7841 Donate Now ABOUT DIGITAL VIBEZ Digital Vibez,Inc. is an innovative 501(c)(3)nonprofit organization that attempts to moderate the negative impacts of apathy and lack of available services on the underserved youth population of Florida and beyond. RECENT POSTS KidsFit Jamathon 2016(https://www.digitalvibez.org/kidsfit-jamathon-2016/) Page 1546 of 1675 5th Annual KidsFit Jamathon (https://www.digitalvibez.org/5th-annual-kidsfit-jamathon/) 4th Annual Kids Fitness Jams (https://www.digitalvibez.org/4th-annual-kids-fitness-jams/) Partnership(https://www.digitalvibez.org/partnership/) Newly Launched Site(https://www.digitalvibez.org/newly-launched-site/) SUBCRIBE TO OUR EMAIL LIST indicates required Email Address Subscribe (https://www.guidestar.org/profile/46-5032425) 201'7 GOLD TOP ©2018 Digital Vibez.All rights reserved. f(https:W*Rpkj"W 1kV6=M Page 1547 of 1675 11.B. NEW BUSINESS 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Approve the use of$200 of Mayor Grant's Community Support Funds to assist New Era Prep Inc. with a student athlete event. New Era Prep is committed to investing in students and athletes through leadership projects and community services. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: Budgeted ALTERNATIVES: Do not approve the expenditure. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Cather Backup information Page 1548 of 1675 R15-055 EXHIBIT 66APP COMMUNITY SUPPORT FUNDS REQUEST FORM Part I -Summary of Request(to be completed by City Clerk) -7 - - Date of Request ')�o Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested: $ k.0C) Recipient[Payee: Q'P up E'-ro-- Pcec Description of project, program, oraqtivityto be funded: New Pv-r-pS�-Ucfcr)F OJWdt ce A A d TV)or) Part 11 -Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is$ V-P-t ' '0 — The balance of funds available for the requesting Member of the Commission is Accordingly: W, There are funds available as requested There are insufficient funds available as requested Dated: By: City,Clerk Part 1114311giblifity Evaluation L Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit E The recipient/payee provides services within the City [7 The public purpose is beneficial to the entire community served by such donation Dated: By: Requesting Member of the City Commission Page 1549 of 1675 Form Request for Taxpayer Give Form to the (Rev.November 2017) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return,).Name is required on this line;do not leave this line blank. 1,J' aLlr Business name/ isregar ed e ity name,ifdifferent from above 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1.Check only one of the 4 Exemptions(codes apply only to M following sever:boxes. certain entities,not indiv;duals;see a instructions or page 3): o ❑ Individual/sole proprietor or ❑ C Corporation S Corporation ❑ Partnership I_ Trust/estate w single-member LLC Exempt payee code(if any) ci c �'- ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)NO `p Y Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting w ULC if the LLC is classified as a single-member'_LC that is disregarded from the owner un!ess the owner of the LLC is codeif an 5 another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that ( Y) a o i is disregarded from the owner should check the appropriate box for the tax classification of its owner. w Cl ❑ Other(see first-actions)► (Applies to accounts maintained outside the U.S.) 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) U) l -9q 10 o- ��C 6 Citstate,and ZIP code c�in�on 6c-ach FL_ q3 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TN in the appropriate box.The T!N provided must match the name given on line 1 to avoid Social security number i backup withholding.For individuals,this is generally your e'Ins security number(Safer However,fora 1 resident alien,sole propr:eior,or disregarded entity,see the instructions for Part i,later. Fcr other i i I entities, it is your employer identification number(EIN).If you do not have a number,see Now to get a TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What.Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. _ I Certification Under penalties of perjury,1 certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. i am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that 1 am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that.I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured properly,cancellation of debt,contributions to an individual retirement arrangement(IRA),and genera!iy,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature of Here U.S.person► Date b- 07-1q- General - -General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments. For the latest information=about developments .Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/F`ormW9. transactions) • Form 1099-S(proceeds from real estate,ansactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individuai or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan Interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) den'Tcation number(TIN)which may be your socia'security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITiN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer Identification number Use Form W-9 onlyif you are a U.S. (includinga resident (EA,`,to report or:an information return the amount paid to you,or other person alien),to provide your correct TIN. amount reportable on an information return. Examples of information returns include,but are not limited to,the following. !f you do not return Form W-9 to the requester with a TIN,you might •=orm 1099-INT(interest earned or paid) be subJect to backup withholding. See What is backup withholding, !ater. Cat.No.10231X Form w-9(Rev.1.1-2017) Page 1550 of 1675 11.C. NEW BUSINESS 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-111 -Authorize the City Manager or designee to sign any documents related to securing a loan from Dougherty Funding LLC to provide funds to finish the renovation of the High School for an estimated loan amount of$6.85M. EXPLANATION OF REQUEST: As part of the Town Square redevelopment, the City began renovating the High School in FY 16/17 with an estimated cost of$11 M. The renovation began with $3M dollars of funding and the intent to secure New Market Tax Credits of approximately $2.5M and secure a loan for the balance of$5.5M ($11 M-$3M-$2.5m). Repayment of the loan would come from the City's capital program that is funded by the recent sales tax increase in the County that is to be used for deferred maintenance and infrastructure needs and from CRA funding. As staff proceeded learned more about the New Market Tax Credits as far as the availability, timing and what was required to be established and maintained if the tax credits were secured, it became apparent that the tax credits were not going to be a preferred source of funding for this project. As part of the Town Square Project the City and Developer (E2L) has worked with Dougherty Financial in Minnesota in connection with CFP issuing the bonds for the municipal improvements in Town Square. They have provided the City with a proposal for a three (3) year loan in the amount of approximately $6.85M to provide the needed funding to finish the high school renovations. The terms of the agreement would be 4.85% interest, principal payments due on 9/30/19 in amount of$2.5M, 9/30/20 in amount of$2.5M and the remainder at the end of the thirty-six(36) month term. The City can prepay the loan after the initial twelve (12) months with no pre-payment penalty. The repayment of the loan will come from CRA approved funding for town square in FY 18/19 and then the City's capital program funded by the recently approved sales tax. The City's portion will be divided over the life of the loan so the City will be able to continue to do needed capital projects. Staff is recommending that the Commission approve this financing option and authorize the City Manager or designee to sign any required documents to enter into this loan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Will provide funding to complete the renovation of the historic high school. FISCAL IMPACT: ALTERNATIVES: Do not approve this funding source to complete the renovation of the high school. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 1551 of 1675 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution authorizing the City Manager or D Resolution designee to sign any documents related to securing a loan from Dougherty Funding to finish the renovation to the Old High School D Attachment Dougherty Funding LLC Proposal Page 1552 of 1675 I RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER OR 5 DESIGNEE TO SIGN ANY DOCUMENTS RELATED TO 6 SECURING A LOAN FROM DOUGHERTY FUNDING 7 LLC., TO PROVIDE FUNDS TO FINISH THE 8 RENOVATION OF THE HIGH SCHOOL FOR AN 9 ESTIMATED LOAN AMOUNT OF $6.85M; PROVIDING 10 AN EFFECTIVE DATE. 11 12 13 WHEREAS, as part of the Town Square redevelopment,the City began renovating the 14 High School in FY 16/17 with an estimated cost of$11M; and 15 16 WHEREAS, the renovation began with $3M dollars of funding and the intent to 17 secure New Market Tax Credits of approximately $2.5M and secure a loan for the balance of 18 $5.5M($11M-$3M-$2.5m); and 19 20 WHEREAS, repayment of the loan would come from the City's capital program that 21 is funded by the recent sales tax increase in the County that is to be used for deferred 22 maintenance and infrastructure needs and from CRA funding; and 23 24 WHEREAS, as staff learned more about the New Market Tax Credits as far as the 25 availability, timing and what was required to be established and maintained if the tax credits 26 were secured, it became apparent that the tax credits were not going to be a preferred source 27 of funding for this project; and 28 29 WHEREAS, the City and Developer (E2L) has worked with Dougherty Financial in 30 Minnesota as part of the Town Square Project in connection with CFP issuing the bonds for 31 the municipal improvements in Town Square; and 32 33 WHEREAS, Doughtery Funding has provided the City with a proposal for a three (3) 34 year loan in the amount of approximately $6.85M to provide the needed funding to finish the 35 high school renovations. 36 37 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 38 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 40 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 41 42 Section 2. The City Manager or designee is authorized to sign any documents 43 related to securing a loan from Dougherty Funding LLC., to provide funds to finish the 44 renovation of the High School for an estimated loan amount of$6.85M. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\74A2EBC4-457C-4DE4-AIA6-6290BA6C2FE8\Boynton Beach.11685.1.Dougherty_Funding_-_Reso.Docx Page 1553 of 1675 45 Section 3. That this Resolution shall become effective immediately upon passage. 46 PASSED AND ADOPTED this day of , 2018. 47 CITY OF BOYNTON BEACH, FLORIDA 48 49 YES NO 50 51 Mayor— Steven B. Grant 52 53 Vice Mayor— Christina L. Romelus 54 55 Commissioner—Mack McCray 56 57 Commissioner—Justin Katz 58 59 Commissioner—Joe Casello 60 61 62 VOTE 63 64 ATTEST: 65 66 67 68 Judith A. Pyle, CMC 69 City Clerk 70 71 72 73 (Corporate Seal) 74 Page 1554 of 1675 DOUGHERTY FUNDING LLC DRAFT For discussion purposes only July 24, 2018 Tim Howard Assistant City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 • $6,850,000 BEACH,CITY OF BOYNTON FL Dear . Howard, Dougherty Funding LLC (" " or"Lender") is interested in pursuing with you a Term Loan to be used to complete the rehabilitation of the high school in Boynton Beach, FL. Based upon the information you provided to DF,we have outlined below the Loan we would propose to provide for this transaction. This proposal is preliminary d should not be construed as a commitment to make the Loan. This proposal is subject to further due diligence by DF and must be approved by the DF loan committee. Any commitment of DF to make the Loan will only be made in writing. Proposed ci er s Loan Amount: The Loan Amount will be $6,850,000. The Loan will be fully ded at closing and held by DF. Funds will be advanced to the Borrower as costs are incurred. The Loan will include an Interest Reserve in the amount of $337,000 which will be used to pay interest on the Loan during the first 12 months of the Loan Tenn. Loan Term: e Loan will mature on September 30,2021. Interest The Interest Rate will be fixed at 4.85% during the Loan Term. Interest will be calculated based on the actual number of days in a 360-day year. 90 Soum SEvENTH STREET® Sum 4300. MrNNEAPous,MINNESOTA 55402-4108 612.317.2000 800.227-0786 Page 1555 of 1675 Mr.Howard July 24,2018 Page 2 AmortizatiowRepayment: The Loan will be payable monthly on an interest-only basis during the Loan Term with additional payments principal in the amounts of$2,500,000 due on September 30, 2019 and $2,500,000 due on September 30, 2020. The outstanding principal balance and all other amounts due and owing will be due on the maturity date. Prepayment Provisions: The Loan will be pre-payable in whole during the first 12 months accompanied by a prepayment premium of the interest that would have been earned during that period had the Loan remained outstanding. Thereafter, the Loan will be pre-payable at any time without premium. The Borrower must provide no less than 5 days written notice to F. Purpose: Loan proceeds will be used to pay for certain development costs incurred by the Borrower in connection with the rehabilitation of the high school in the Town Square Redevelopment in Boynton Beach,FL. Borrower: The City of Boynton each, L. Loan Structure: The Loan will be structured as a seg general obligation of the Borrower in a form acceptable to DF. Loan Fee: A Loan fee of $102,750 (1.50% of the Loan Amount) will be earned and payable by Borrower to DF at the earlier of Loan closing or expiration of a Loan commitment. Expenses: The Borrower will be responsible for payment of all costs incurred by DF in connection with the Loan including, but not limited to the following: • Legal fees • Other miscellaneous out-of-pocket expenses (travel, printing, credit reports, etc.) We believe this proposal represents the significant issues relative to the proposed financing. Upon receipt of a signed copy of this letter, DF will immediately begin preparation of a detailed Io an application. DOUGHERTY FUNDING U.0 90 SOUTH SEvEwm STREET * SUITE 4300 •MINNEAPOLIS,MINNESOTA 55402 (612)376-4000 PHONE • (612)317-2045 FAx Page 1556 of 1675 12.A. LEGAL 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-112-Authorize the City Manager to enter into a Purchase and Development Agreement between the City of Boynton Beach and Habitat for Humanity of South Palm Beach County for acquisition of vacant lots along NW 11th Avenue (Model Block), subject to final approval by City Attorney. PROPOSED RESOLUTION NO. R18-113-Authorize the City Manager to enter into a Purchase and Development Agreement between the City of Boynton Beach and Boynton Beach Faith-Based Community Development Corporation for acquisition of vacant lots along NW 11th Avenue (Model Block), subject to final approval by City Attorney. EXPLANATION OF REQUEST: On March 20th, 2018 the City Commission accepted quit claim deeds from the Boynton Beach Community Redevelopment Agency for 120, 128 and 146 NW 11th Avenue and approved the replat of the property along NW 11th Avenue from Seacrest Boulevard to NW 1st Street to create a total of ten (10) lots in the Model Block project area. On May 29th and June 19th 2018 the City received requests to acquire the remaining vacant lots along NW 11th Avenue for the purpose of constructing affordable housing from Habitat for Humanity of South Palm Beach County and Boynton Beach Faith Based Community Development Corporation. Habitat for Humanity has been an active partner in providing affordable housing in the City for many years and has been a direct partner with the City/CRA in providing three (3) affordable homes within the model block area. Habitat for Humanity is requesting transfer of the following parcels: Assessed or Property Control Number Address or Legal Description *Estimated Value 1. Pending Issuance from PBC Lot 1 of Lanehart's Subdivision Replat $16,514* PAPA No. 1 2. Pending Issuance from PBC Lot 2 of Lanehart's Subdivision Replat $15,041* PAPA No. 1 3. 08-43-45-21-19-000-0140 120 NW 11th Avenue $13,874 4. 08-43-45-21-19-000-0150 116 NW 11th Avenue $13,874 5. Pending Issuance from PBC Lot 6 of Lanehart's Subdivision Replat $14,476* PAPA No. 1 Boynton Beach CDC has been an active partner in providing affordable housing in the City for many years and has been a direct partner with the City in providing four (4) affordable homes within the model block area. Boynton Beach CDC is requesting transfer of the following parcels: Page 1557 of 1675 Assessed or Property Control Number Address or Legal Description *Estimated Value 1. Pending Issuance from PBC Lot 3 of Lanehart's Subdivision Replat $15,041* PAPA No. 1 2. Pending Issuance from PBC Lot 4 of Lanehart's Subdivision Replat $15,041* PAPA No. 1 3. Pending Issuance from PBC Lot 5 of Lanehart's Subdivision Replat $15,041* PAPA No. 1 4. 08-43-45-21-19-000-0120 128 NW 11th Avenue $13,874 5. 08-43-45-21-19-000-0130 124 NW 11th Avenue $13,874 According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. (d) The foregoing provision for sale of real property do not apply to real property located within the city's community redevelopment area if the property was acquired by the city for the purposes of community redevelopment or if the sale of the property will facilitate redevelopment consistent with the CRA plan; or if the sale of the property will facilitate restoration of a property which the City Commission deems to be historic, even in those cases where historic designation by the State of Florida, Palm Beach County, or pursuant to a federal historic designation program has not occurred or is pending. Staff recommends transfer of the properties to Habitat for Humanity and Boynton Beach CDC to complete the remaining homes contemplated as part of the model block project. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The conveyance will provide ten (10) newly constructed affordable homes for income eligible families, reducing the number of vacant parcels currently being maintained by the city. FISCAL IMPACT: Budgeted The sale of the property will increase the City's tax base and reduce the maintenance costs associated with vacant lots. ALTERNATIVES: Do not approve the purchase and development agreement and go out to formal request for proposals through the City's procurement process. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 1558 of 1675 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Purchase and Development Agreement with Habitat for Humanity D Agreement Purchase and Development Agreement with Habitat for Humanity D Resolution Resolution approving Purchase and Development Agreement with B B F B C D C D Agreement Purchase and Development Agreement with Boynton each Faith Based CDC D Letter Habitat Letter D Letter Boynton each CDC D Drawings Aerial Photo D Attachment Recorded Replat of Laneheart's No. 1 Page 1559 of 1675 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 THE PURCHASE AND SALE AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND HABITAT 7 FOR HUMANITY OF SOUTH PALM BEACH COUNTY TO 8 CONVEY FIVE (5) VACANT LOTS ALONG NW 11TH AVENUE 9 (MODEL BLOCK); AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on May 29 and June 19, 2018, the City received requests to acquire the 12 remaining vacant lots along NW 11th Avenue for located at (1) Lot 1 —NW 11th Avenue; (2) 13 Lot 2 —NW 11th Avenue; (3) Lot 6, NW 11th Avenue; (4) 120 NW 11th Avenue; and (5) 116 14 NW 11th Avenue to construct new homes; and 15 WHEREAS, Habitat for Humanity of South Palm Beach County has been an active 16 partner in providing affordable housing in the City for many years and has been a direct 17 partner with the City and CRA in providing three(3)affordable homes within the model block 18 area; and 19 WHEREAS, staff is recommending to convey title of the five (5) parcels to Habitat 20 for Humanity of South Palm Beach County and enter into an agreement with them to construct 21 the new single family homes; and 22 WHEREAS,the City Commission has determined that it is in the best interests of the 23 residents of the City to approve a Purchase and Sale Agreement with Habitat for Humanity of 24 South Palm Beach County to convey title of the Five (5) parcels of land for the construction 25 of new single family homes. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDCA59F9E812-85D6-473D-BF9A-A97B4FE66427\Boynton Beach.11669.1.Purchase_and_Sale_Agreement with Habitat for Humanity(2018)_-_Reso.docx Page 1560 of 1675 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission does hereby approve and authorize the City 32 Manager to sign a Purchase and Sale Agreement with the Habitat for Humanity of South Palm 33 Beach County to convey title of Five (5) parcels of land located at (1) Lot 1 — NW l lth 34 Avenue; (2)Lot 2 —NW 11th Avenue; (3) Lot 6, NW 11th Avenue; (4) 120 NW 11th Avenue; 35 and (5) 116 NW 11th Avenue for the construction of new single family homes, a copy of the 36 Agreement is attached hereto as Exhibit"A". 37 Section 3. This Resolution shall become effective immediately upon passage. 38 39 PASSED AND ADOPTED this day of , 2018. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor— Steven B. Grant 44 45 Vice Mayor— Christina L. Romelus 46 47 Commissioner—Mack McCray 48 49 Commissioner—Justin Katz 50 51 Commissioner—Joe Casello 52 53 VOTE 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 63 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDCA59F9E812-85D6-473D-BF9A-A97B4FE66427\Boynton Beach.11669.1.Purchase_and_Sale_Agreement with Habitat for Humanity(2018)_-_Reso.docx Page 1561 of 1675 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered this day of , 2018, by and between the City of Boynton Beach, a Florida municipal corporation(the"SELLER"), and Habitat for Humanity of South Palm Beach County, Inc., a Florida not-for-profit corporation ("PURCHASER"). WITNESSETH: WHEREAS, SELLER is the fee simple owner of the following parcels: (1) Lot 1 —NW 11th Avenue; (2) Lot 2 —NW 11th Avenue; (3)Lot 6, NW 11th Avenue; (4) 120 NW 11th Avenue; and (5) 116 NW 11th Avenue, all located in the City of Boynton Beach, Palm Beach County, Florida, more particularly described in Exhibit"A" which is attached hereto ("Property"); and WHEREAS, the Property is being acquired with the primary intent of constructing affordable housing to an income eligible family; and WHEREAS, SELLER desires to sell to PURCHASER, and PURCHASER desires to purchase from SELLER, the Property upon the terms and conditions herein below set forth. NOW, THEREFORE, for and in consideration of the premises, the payment of Ten Dollars and No Cents ($10.00) in hand paid by PURCHASER to SELLER, the mutual covenants and agreements herein set forth, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties hereto do hereby covenant and agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 PropertX. The following property located at(1)Lot 1—NW l lt'Avenue;(2)Lot 2—NW 11th Avenue; (3) Lot 6—NW 11th Avenue; (4) 120 NW 11th Avenue; and(5) 116 NW 11th Avenue,in the City of Boynton Beach, County of Palm Beach, State of Florida (the "Property"), more particularly described in Exhibit "A" attached hereto. 1.2 Closing Date. The Closing Date is the date on which the closing ("Closing") shall occur and shall be no later than sixty (60) calendar days from the Effective Date of this Agreement, and any extension thereof as mutually approved by the parties. 1.3 Deed. A Special Warranty Deed,in its statutory form,which shall convey the Property from SELLER to PURCHASER. 1.4 Effective Date. The Effective Date of this Agreement shall be the date when the last one of the Seller and Purchaser has signed the Agreement. {00243453.2 306-9905341} 1 Page 1562 of 1675 1.5 SELLER'S Address. Seller's mailing address is P.O. Box 310, Boynton Beach, FL 33425, with copy to Goren, Cherof, Doody & Ezrol, P.A., Attn: James A. Cherof, Esq., at 3099 East Commercial Boulevard, Suite 200,Ft. Lauderdale,Florida 33308. 1.6 PURCHASER'S Address.Purchaser's mailing address is 181 S.E. 5t'Avenue,Delray Beach, FL 33483. 1.7. Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement,the singular shall be deemed to refer to the plural and the plural to the singular,and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement,the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. 2.1 Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property for TEN AND 00/100 DOLLARS ($10.00) per parcel, for the total Purchase Price of FIFTY AND 00/100 DOLLARS ($50.00)and upon and subject to the terms and conditions hereinafter set forth. 2.2 The Purchase includes: (a) All buildings and improvements located on the Property; (b) All right of ways, alleys,waters,privileges, easements and appurtenances which are on or benefit all the Property; (c) All right,title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1)due to taking by condemnation of any right,title or interest of SELLER and(2) for any damage to the Property due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; (d) To the extent transferable, all licenses, permits, contracts and leases, if applicable, with respect to the property. 3. INSPECTIONS. 3.1 PURCHASER shall have thirty (30) days from the Effective Date to perform inspections of the Property as the PURCHASER deems necessary ("Inspection Period"). Within five (5) business days following the Effective Date of the Agreement, Seller shall provide Buyer with access to the following: (1) Documentation in Seller's possession relating to title and survey of the Property and (2) Copies of any {00243453.2 306-9905341} 2 Page 1563 of 1675 environmental reports and topography, geotechnical and other studies that were previously performed for or upon the Property in Seller's possession. 3.2 During the Inspection Period,PURCHASER shall,at its sole cost and expense,determine that utility services including,water,waste water,electric,telephone and all other utilities are available in the proper size and capacity to serve the existing facilities and installed to the property lines. At all times during the Inspection Period, PURCHASER and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of on-site inspection, upon reasonable prior notice to SELLER. The scope of the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the circumstances provided however, no invasive environmental tests, surveys, audits or inspections may be performed by PURCHASER unless SELLER has provided its written consent thereto, which consent will not be unreasonably withheld,delayed or conditioned. PURCHASER shall promptly repair and restore any damage to the Property caused by, and will not allow any lien or claim of lien to be recorded as a result of PURCHASER'S inspections. To the extent permitted by law, and subject to the limitations of Section 768.28, Florida Statutes, PURCHASER also agrees to indemnify and hold SELLER harmless from any losses, claims, costs, and expenses, including reasonable attorney's fees, which may result from or be connected with any acts or omissions of PURCHASER and/or its contractors and consultants during inspections that are done pursuant hereto which obligation shall survive termination of, or Closing under this Agreement. Any contractors or consultants engaged by PURCHASER to perform such inspections shall be licensed by the State of Florida and, prior to entering the Property, shall provide SELLER with evidence of insurance coverage in an amount and with a company reasonably satisfactory to SELLER. 3.3 During the Inspection Period, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement for any reason. PURCHASER will provide written notice by mail or facsimile to SELLER and/or SELLER's counsel, which notice must be received prior to the expiration of the Inspection Period. 3.4 If during the Inspection Period PURCHASER delivers written notice to SELLER of PURCHASER'S determination that the Property is satisfactory and is approved by PURCHASER or if PURCHASER fails to timely deliver to SELLER any written notice exercising the termination right granted to PURCHASER,then this Agreement shall remain in full force and effect,and the parties shall proceed to closing. 4. SELLER'S REPRESENTATIONS. 4.1 To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of SELLER'S knowledge, in all material respects and except as otherwise provided in this Agreement(i)are now true,and(ii)shall be true as of the date of the Closing unless SELLER receives information to the contrary, in which case SELLER shall immediately provide {00243453.2 306-9905341} 3 Page 1564 of 1675 PURCHASER notice of such contrary information and upon receipt PURCHASER may,in its sole discretion, deem such contrary information material and terminate this Agreement,and(iii) shall survive the Closing: 4.2 At all times from the Effective Date until the Closing on the Property, SELLER shall keep the Property free and clear of all liens, encumbrances and/or clouds upon title, including without limitation, liens related to service,labor and/or materials furnished to, or for the benefit of,the Property,lis pendens,tax liens,permit violations, code violations, ordinance violations,and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith(including,without limitation,court costs and reasonable attorney's fees). 4.3 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim,action or proceeding,actual or threatened,against SELLER or the Property by any organization,person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding,in a materially adverse fashion)the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Land. 4.4 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. No action by any federal,state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the SELLER do not and will not violate any public or corporate obligations of the SELLER and will not conflict with or result in the breach of any condition or provision,or constitute a default under,or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture,instrument or judgment to which the SELLER is a party nor will create a lien or encumbrance upon the Property or assets of the SELLER. 4.5 SELLER represents that SELLER will not, between the date of this Agreement and the Closing,without PURCHASER'S prior written consent,which consent shall not be unreasonably withheld or delayed,except in the ordinary course of business,create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments,rights-of-way,leases,easements,covenants,conditions or restrictions. 4.6 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 4.7 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the Effective Date to the Closing Date. {00243453.2 306-9905341} 4 Page 1565 of 1675 4.8 REAL PROPERTY SOLD AS IS,WHERE IS,RELEASE: SELLER makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by SELLER at Closing in accordance with this Agreement. SELLER makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements,development potential,utility availability,legal access,economic feasibility or any other matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees that SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS"basis and that, except for the SELLER'S representations and warranties specifically set forth in this Agreement and those obligations described in the Development Agreement,PURCHASER is not relying on any representations or warranties of any kind whatsoever,except as specifically set forth in this Agreement, express or implied,from SELLER its agents,officers,or employees,as to any matters concerning the Property including,without limitation,any matters relating to(1)the quality,nature,adequacy,or physical condition of the Property, (2)the quality nature,adequacy or physical condition of soils,fill,geology,or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5)the Property's value,use,habitability, or merchantability, (6)the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7)the zoning or other legal status of the Property,(8)the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11)peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement,or(14)any other matter or matters of any nature or kind whatsoever relating to the Property. 4.9 As used herein,the term "Hazardous Materials"means (i)those substances included within the definitions of"hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto;(ii)those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances" "hazardous materials" "toxic substances"or"solid waste" m such other substances materials {00243453.2 306-9905341} 5 Page 1566 of 1675 and wastes which are regulated,or classified as hazardous or toxic,under applicable local,state or federal laws, ordinances or regulations;and any material,waste or substance which is petroleum,asbestos,polychlorinated, biphenyls,flammable explosives or radioactive materials. 5. EVIDENCE OF TITLE. 5.1 Title to the PropertX. SELLER shall convey to PURCHASER at Closing, by delivery of a Special Warranty Deed,title to the subject Property. PURCHASER may secure a title insurance commitment issued by a title insurance underwriter approved by PURCHASER, for the subject Property insuring PURCHASER'S title to the Property.The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. 5.2 If PURCHASER so desires to obtain title insurance on the Property,the PURCHASER shall have Ten (10) days from the date of receiving said commitment to examine the title commitment ("Title Inspection Period"). If PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER shall,prior to the expiration of the Inspection Period,notify SELLER in writing specifying the specific exception(s)to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure,shall be cured by SELLER so as to enable the removal of said obj ection(s) from the title commitment within Ten(10)days after PURCHASER has provided notice to SELLER. Within five(5)days afterthe expiration of SELLER'S time to cure any objection,SELLER shall send to PURCHASER a notice in writing(a"cure notice")stating either(i)that the objection has been cured and in such case enclosing evidence of such cure,or(ii)that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence,then PURCHASER may(a)terminate this Agreement by written notice to the SELLER within five (5)days after receipt of a cure notice specifying an uncured objection;or(b) subject to the provisions set forth below,proceed to close the transaction contemplated herein despite the uncured objection. 5.3. Survey and Legal Description. SELLER shall not have any obligation to provide a survey. PURCHASER shall have the obligation to obtain a survey prepared by a registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the land,and the location of any easements thereon and certifying the number of acres (to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and (ii) a correct legal description of the Property which,upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Land. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. In the event the survey shows any material encroachments, strips, gores, or any portion of the land {00243453.2 306-9905341} 6 Page 1567 of 1675 non-contiguous to any other portion of the Property or any other matter materially affecting the intended use of the Property or marketability of title to the Property(any such matter is herein called a"survey objection" and treated as a title defect),PURCHASER shall have a period of ten(10)days after receipt of the survey by PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASERS objection. PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will attempt to approve any such survey objection which does not affect the marketability of title or materially interfere with PURCHASERS use of the Property. In the event PURCHASER provides a notice of disapproval of a survey objection to SELLER,the rights and obligations of the parties respecting such survey objections shall be governed by Section 5.2 hereof such that the parties shall have the same rights and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.2. 6. PURCHASER'S REPRESENTATIONS. PURCHASER hereby represents and warrants to the best of its knowledge that all of the following are true and correct: 6.1 PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. 6.2 The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER do not and will not violate the corporate or organizational documents of PURCHASER and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract,mortgage, lien, lease, agreement, indenture, instrument or judgment to which the PURCHASER is a party. 6.3 No action by any federal, state, municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon PURCHASER in accordance with its terms and conditions. 6.4 All of the representations, warranties and covenants of PURCHASER contained in this Agreement or in any other document,delivered to SELLER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of Closing,just as though they were made at such time. 7. CONDITIONS PRECEDENT TO CLOSING. Each of the following events or occurrences("Conditions Precedents") shall be a condition precedent to PURCHASERS obligation to close this transaction: (a) PURCHASER has completed its inspection of the Property, and performed all of its {00243453.2 306-9905341} 7 Page 1568 of 1675 obligations and conditions of this Agreement. (b) SELLER has performed all covenants, agreements and obligations, and complied with all conditions required by this Agreement to covey clear and marketable title of the Property to PURCHASER,prior to closing. (c) Approval of this Agreement by the City of Boynton Beach City Commission. 8. CLOSING DOCUMENTS. 8.1 At Closing, SELLER shall deliver to PURCHASER a Special Warranty Deed,Bill of Sale,if applicable,No Lien/Gap Affidavit,Non-Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099 Form,and any other documents as listed as title requirements in Schedule B-I of the Title Commitment to assure the conveyance of good and marketable fee simple title of the Property to the PURCHASER. 8.2 Right to Repurchase Agreement. At Closing, PURCHASER and SELLER shall execute the Right to Repurchase Agreement as provided herein. 9. CLOSING COSTS,TAXES AND PRORATIONS. 9.1 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295,Florida Statutes,with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. In the event that,following the Closing,the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing,the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 9.2 Seller's Closing. SELLER shall pay for the following items prior to or at Closing: None. 9.3 Purchaser's Closing _Costs. PURCHACosts. PURCHASER shall pay for the following items prior to or at Closing: (a)Documentary Stamps on the deed as provided under Chapter 201,Florida Statutes; (b) Recording fees of the Warranty Deed, Right to Repurchase, Mortgage, if any, and any other instrument as required to be recorded in the Public Records; (c) Cost of providing marketable title as provided herein; (d) Cost of obtaining owner's title insurance policy; (e)Tax and Lien Search;and (f) Survey 10. CLOSING DATE AND PLACE. The Closing will take place on or before the expiration of sixty(60)days following the Effective Date, at a location designated by the SELLER. {00243453.2 306-9905341} 8 Page 1569 of 1675 11. TERMINATION AND DEFAULT. 11.1 Termination by Purchaser. In the event that any inspections as set forth in Section 3. herein and any review of documents conducted by the PURCHASER relative to the Property during the Inspection Period, prove unsatisfactory in any fashion,the PURCHASER,at its sole discretion,shall be entitled to terminate this Agreement. PURCHASER will provide written notice of said termination by mail or facsimile to SELLER no later than the date of expiration of the Inspection Period 11.2 Default. In the event of a default by SELLER,SELLER shall pay to PURCHASER all funds expended by PURCHASER on the development, improvement, or maintenance of the Property, prior to the Closing. Further, if SELLER defaults, PURCHASER shall have the election of the following remedies: (1) seek damages incurred by PURCHASER resulting from SELLER'S default; or(2)equitable relief to enforce the terms and conditions of this Agreement through a decree for specific performance and/or injunctive relief. 11.3 In the event of default by PURCHASER, SELLER shall have the election of the following remedies: (1) seek damages incurred by SELLER resulting from PURCHASER'S default, including without limitation; or(2) equitable relief to enforce the terms and conditions of this Agreement through a decree for specific performance and/or injunctive relief. 12. RIGHT TO REPURCHASE. SELLER expressly reserves the right at its sole option and election, to repurchase each of the individual lots identified in Exhibit "A" for the same Purchase Price as paid by PURCHASER to SELLER hereunder, in the event the SELLER shall fail to construct and obtain certificates of occupancy for five single family residences, one residence on each of the five (5) lots identified in Exhibit "A", within five hundred forty (540) days of the Closing Date; subject, however, to extensions for delays attributable to force majeure as hereinafter provided. Accordingly, prior to closing, PURCHASER and SELLER shall enter into a separate Right to Repurchase Agreement for each lot identified in Exhibit "A", which is to be recorded in the Public Records of Palm Beach County,Florida,and provide for the ability of the SELLER to repurchase each individual lot for the same Purchase Price from the PURCHASER. Notwithstanding the provisions of the immediately preceding sentences, the dates provided above may be extended on a day for day basis for delays occasioned by acts of God,catastrophe and inclement weather which is in excess of those days normally forecasted by the National Weather Service for the given month in South Florida which interfere with construction,unforeseen physical conditions on the site,unavailability or shortages of material or labor, labor disputes,governmental approvals or restrictions and any appeals thereof, claims or lawsuits by any third party(whether individual or otherwise)threatened or instituted to prevent the issuance of any approvals or permits,the commencement of construction or otherwise stop construction ofthe development after commencement, or other matters beyond the reasonable control of PURCHASER(collectively "Force Majeure"). By the tenth (10) business day of each of month, PURCHASER shall deliver or cause to be delivered to SELLER a list of the days during each proceeding month as to which PURCHASER believes the {00243453.2 306-9905341} 9 Page 1570 of 1675 Force Majeure provisions apply and the reasons therefore. SELLER shall,within ten(10)business days after receipt of any such list provide notice to PURCHASER as to whether SELLER disputes that any of the days set forth on that list would give rise to an extension of time for PURCHASER's performance based on Force Majeure. Any days claimed to be subject to the foregoing Force Majeure provision by PURCHASER which are not so disputed by SELLER within said time period shall be deemed approved by SELLER.In the event of a dispute between SELLER and PURCHASER as to whether there has been a commencement of construction as provided in this Section or whether a claim for delay is valid or otherwise in connection with this Agreement and the transactions contemplated thereby shall be endeavored to be resolved and settled by mediation using a mutually acceptable third-party mediator. Such mediator shall be appointed upon the written demand of either party.Upon such appointment,the mediation shall be held within fifteen(15)days at a mutually agreeable site in Palm Beach County, Florida. The fees and expenses of such mediator shall be born equally by the parties hereto. In the event of the failure of the parties to settle the dispute by mediation, either party may bring the dispute for legal redress before the City Court in and for Palm Beach County,Florida. 13. BROKER. The parties each represent to the other that they have not dealt with any real estate broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee or brokerage commission in accordance with Florida law. 14. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed,by limiting and reducing it,to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 15. NOTICE. All written notices shall be deemed effective if sent to the following places: PURCHASER: Habitat for Humanity of South Palm Beach County 181 S.E. 5t'Avenue Delray Beach,FL 33483 Attn: Randy Nobles,President/CEO SELLER: City of Boynton Beach P.O. Box 310 Boynton Beach,FL 33425 Attn: Lori LaVeniere,City Manager With Copy to: James A. Cherof,Esq. GOREN, CHEROF,DOODY&EZROL,P.A. 3099 East Commercial Boulevard,4200 Fort Lauderdale,Florida 33308 Tel: (561)276-9400 Fax: (954)771-4923 {00243453.2 306-9905341} 10 Page 1571 of 1675 16. GOVERNING LAW & VENUE. This Agreement shall be governed by the laws of the State of Florida. Each party agrees that the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach County shall be the exclusive jurisdiction and venue of any litigation or special proceeding to resolve any dispute or claim arising from or related to or connected with this Agreement,including any claims based upon equity,statute,common law or rule. The parties hereby waive any objection to such forum based upon venue or forum non convenient grounds. 17. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 18. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect unless in writing and executed by both SELLER and PURCHASER. 19. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors and assigns of SELLER and PURCHASER. Any assignment of this Agreement must be approved by the City of Boynton Beach City Commission. 20. COUNTERPARTS: This Agreement may be executed in two or more counterparts,each of which shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals. 21. LITIGATION COSTS. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses incurred, including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings. 22. WAIVER OF JURY TRIAL. Each party hereby knowingly,voluntarily and intentionally waives any and all rights it may have to a trial by jury in respect of any dispute, litigation or court action(including, but not limited to, any claims, crossclaims or third-party claims) arising from, growing out of, or related to this Agreement. The parties acknowledge that this waiver is a significant consideration to, and a material inducement for the parties to enter into this Agreement. Each party hereby certifies that no representative or agent of the other party has represented, expressly or otherwise,that either party would not, in the event of such litigation, seek to enforce this waiver of right to jury trial provision. 23. PRECEDENCE. In the event of conflict, handwritten provisions shall take precedence over typewritten and printed provisions. Typewritten provisions shall take precedence over printed provisions. 24. DRAFTING. This Agreement has been negotiated and drafted mutually by the parties and shall be construed and interpreted as if both parties drafted same so that neither party shall be entitled to the benefits of any rules of construction,interpretation or enforcement against the drafters. {00243453.2 306-9905341} I 1 Page 1572 of 1675 IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates indicated above: ATTEST: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: Judith Pyle, City Clerk Steven Grant, Mayor Approved as to Form: (SEAL) Office of the City Attorney STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 20 , by Steven Grant, as Mayor of the City of Boynton Beach, Judith Pyle, City Clerk of the City of Boynton Beach, for the City of Boynton Beach, who are personally known to me or have produced as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC., a Florida not-for-profit corporation By: Print Name: Title: ATTEST: {00243453.2 306-9905341} 12 Page 1573 of 1675 By: Print Name: Title: (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 , by , and as and of Habitat for Humanity of South Palm Beach County, Inc., a Florida not-for-profit corporation, who is personally known to me or has produced a as identification, on behalf of Habitat for Humanity of South Palm Beach County, Inc., and has executed the foregoing instrument on behalf of Habitat for Humanity of South Palm Beach County, Inc. My commission Expires: Notary Public, State of Florida Printed Name of Notary Public {00243453.2 306-9905341} 13 Page 1574 of 1675 EXHIBIT "A" LEGAL DESCRIPTIONS Parcel 1: Lot 1 of Lanehart's Subdivision Replat No. 1—NW 11th Avenue, Boynton Beach, FL Folio No.: Pending issuance from PNC PAPA Parcel 2: Lot 2 of Lanehart's Subdivision Replat No. 1—NW 111 Avenue, Boynton Beach, FL Folio No.: Pending issuance from PNC PAPA Parcel 3: Lot 6 of Lanehart's Subdivision Replat No. 1—NW 11'Avenue, Boynton Beach, FL Folio No.: Pending issuance from PNC PAPA Parcel 4: 120 NW 11th Avenue Folio No.: 08-43-45-21-19-000-0140 Parcel 5: 116 NW 11th Avenue Folio No.: 08-43-45-21-19-000-0150 Legal descriptions to be confirmed by survey to be provided {00243453.2 306-9905341} 14 Page 1575 of 1675 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 THE PURCHASE AND SALE AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON 7 BEACH FAITH-BASED COMMUNITY DEVELOPMENT 8 CORPORATION COUNTY TO CONVEY FIVE (5) VACANT LOTS 9 ALONG NW 11TH AVENUE (MODEL BLOCK; AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 WHEREAS, on May 29 and June 19, 2018, the City received requests to acquire the 13 remaining vacant lots along NW 11th Avenue for located at(1) Lot 3 - NW 11th Avenue; (2) 14 Lot 4—NW 11th Avenue; (3)Lot 5 —NW 11th Avenue; (4) 124 NW 11th Avenue; and (5) 128 15 NW 11th Avenue; to construct new homes; and 16 WHEREAS, Boynton Beach Faith-Based Community Development Corporation 17 County has been an active partner in providing affordable housing in the City for many years 18 and has been a direct partner with the City in providing four (4) affordable homes within the 19 model block area; and 20 WHEREAS, staff is recommending to convey title of the five (5)parcels to Boynton 21 Beach Faith-Based Community Development Corporation County and enter into an 22 agreement with them to construct the new single family homes; and 23 WHEREAS,the City Commission has determined that it is in the best interests of the 24 residents of the City to approve a Purchase and Sale Agreement with Boynton Beach Faith- 25 Based Community Development Corporation County to convey title of the Five(5)parcels of 26 land for the construction of new single family homes. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDCAC9F80303-0040-4E38-AFF4-C4AA00759252\Boynton Beach.11670.1.Purchase_and_Sale_Agreement with BBFBCDC(2018)_-_Resol.docx Page 1576 of 1675 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission does hereby approve and authorize the City 33 Manager to sign a Purchase and Sale Agreement with the Boynton Beach Faith-Based 34 Community Development Corporation County to convey title of Five (5) parcels of land 35 located at (1) Lot 3 - NW 11th Avenue; (2) Lot 4 — NW 11th Avenue; (3) Lot 5 — NW l Ith 36 Avenue; (4) 124 NW 11th Avenue; and (5) 128 NW 11th Avenue; for the construction of new 37 single family homes, a copy of the Agreement is attached hereto as Exhibit"A". 38 Section 3. This Resolution shall become effective immediately upon passage. 39 40 PASSED AND ADOPTED this day of , 2018. 41 CITY OF BOYNTON BEACH, FLORIDA 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice Mayor— Christina L. Romelus 47 48 Commissioner—Mack McCray 49 50 Commissioner—Justin Katz 51 52 Commissioner—Joe Casello 53 54 VOTE 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 City Clerk 61 62 63 64 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDCAC9F80303-0040-4E38-AFF4-C4AA00759252\Boynton Beach.11670.1.Purchase_and_Sale_Agreement with BBFBCDC(2018)_-_Resol.docx Page 1577 of 1675 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered this day of , 2018, by and between the City of Boynton Beach, a Florida municipal corporation (the "SELLER"), and Boynton Beach Faith-Based Community Development Corporation, a Florida not-for-profit corporation ("PURCHASER"). WITNESSETH: WHEREAS, SELLER is the fee simple owner of the following parcels: (1) Lot 3 - NW 11th Avenue; (2)Lot 4—NW 11th Avenue; (3)Lot 5 —NW 11th Avenue; (4) 124 NW 11th Avenue; and (5) 128 NW 11th Avenue; all located in the City of Boynton Beach, Palm Beach County, Florida, more particularly described in Exhibit"A" which is attached hereto ("Property"); and WHEREAS, the Property is being acquired with the primary intent of constructing affordable housing to an income eligible family; and WHEREAS, SELLER desires to sell to PURCHASER, and PURCHASER desires to purchase from SELLER, the Property upon the terms and conditions herein below set forth. NOW, THEREFORE, for and in consideration of the premises, the payment of Ten Dollars and No Cents ($10.00) in hand paid by PURCHASER to SELLER, the mutual covenants and agreements herein set forth, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties hereto do hereby covenant and agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 PropertX. The following property located at(1)Lot 3 -NW 11th Avenue; (2)Lot 4—NW 11th Avenue; (3)Lot 5—NW 11th Avenue; (4) 124 NW 11th Avenue; and(5) 128 NW 11th Avenue, in the City of Boynton Beach,Palm Beach County, State of Florida (the"Property"),more particularly described in Exhibit "A" attached hereto. 1.2 Closing Date. The Closing Date is the date on which the closing ("Closing") shall occur and shall be no later than sixty (60) calendar days from the Effective Date of the Agreement, and any extension thereof as mutually approved by the parties. 1.3 Deed. A Special Warranty Deed,in its statutory form,which shall convey the Property from SELLER to PURCHASER. 1.4 Effective Date. The Effective Date of this Agreement shall be the date when the last one of the Seller and Purchaser has signed the Agreement. {00243687.3 306-9905342} 1 Page 1578 of 1675 1.5 SELLER'S Address. Seller's mailing address is P.O. Box 310, Boynton Beach, FL 33425, with copy to Goren, Cherof, Doody & Ezrol, P.A., Attn: James A. Cherof, Esq., at 3099 East Commercial Boulevard, Suite 200,Ft. Lauderdale,Florida 33308. 1.6 PURCHASER'S Address. Purchaser's mailing address is 2191 N. Seacrest Boulevard, P.O. Box 337,Boynton Beach,FL 33425. 1.7. Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement,the singular shall be deemed to refer to the plural and the plural to the singular,and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement,the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. 2.1 Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property for the total Purchase Price of TEN AND 00/100 DOLLARS ($10.00) and upon and subject to the terms and conditions hereinafter set forth. 2.2 The Purchase includes: (a) All buildings and improvements located on the Property; (b) All right of ways, alleys,waters,privileges, easements and appurtenances which are on or benefit all the Property; (c) All right,title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1)due to taking by condemnation of any right,title or interest of SELLER and(2) for any damage to the Property due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; (d) To the extent transferable, all licenses, permits, contracts and leases, if applicable, with respect to the property. 3. INSPECTIONS. 3.1 PURCHASER shall have thirty (30) days from the Effective Date to perform inspections of the Property as the PURCHASER deems necessary ("Inspection Period"). Within five (5) business days following the Effective Date of the Agreement, Seller shall provide Buyer with access to the following: (1) Documentation in Seller's possession relating to title and survey of the Property and (2) Copies of any {00243687.3 306-9905342} 2 Page 1579 of 1675 environmental reports and topography, geotechnical and other studies that were previously performed for or upon the Property in Seller's possession. 3.2 During the Inspection Period,PURCHASER shall,at its sole cost and expense,determine that utility services including,water,waste water,electric,telephone and all other utilities are available in the proper size and capacity to serve the existing facilities and installed to the property lines. At all times during the Inspection Period, PURCHASER and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of on-site inspection, upon reasonable prior notice to SELLER. The scope of the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the circumstances provided however, no invasive environmental tests, surveys, audits or inspections may be performed by PURCHASER unless SELLER has provided its written consent thereto, which consent will not be unreasonably withheld,delayed or conditioned. PURCHASER shall promptly repair and restore any damage to the Property caused by, and will not allow any lien or claim of lien to be recorded as a result of PURCHASER'S inspections. To the extent permitted by law, and subject to the limitations of Section 768.28, Florida Statutes, PURCHASER also agrees to indemnify and hold SELLER harmless from any losses, claims, costs, and expenses, including reasonable attorney's fees, which may result from or be connected with any acts or omissions of PURCHASER and/or its contractors and consultants during inspections that are done pursuant hereto which obligation shall survive termination of, or Closing under this Agreement. Any contractors or consultants engaged by PURCHASER to perform such inspections shall be licensed by the State of Florida and, prior to entering the Property, shall provide SELLER with evidence of insurance coverage in an amount and with a company reasonably satisfactory to SELLER. 3.3 During the Inspection Period, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement for any reason. PURCHASER will provide written notice by mail or facsimile to SELLER and/or SELLER's counsel, which notice must be received prior to the expiration of the Inspection Period. 3.4 If during the Inspection Period PURCHASER delivers written notice to SELLER of PURCHASER'S determination that the Property is satisfactory and is approved by PURCHASER or if PURCHASER fails to timely deliver to SELLER any written notice exercising the termination right granted to PURCHASER,then this Agreement shall remain in full force and effect,and the parties shall proceed to closing. 4. SELLER'S REPRESENTATIONS. 4.1 To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of SELLER'S knowledge, in all material respects and except as otherwise provided in this Agreement(i)are now true,and(ii)shall be true as of the date of the Closing unless SELLER receives information to the contrary, in which case SELLER shall immediately provide {00243687.3 306-9905342} 3 Page 1580 of 1675 PURCHASER notice of such contrary information and upon receipt PURCHASER may,in its sole discretion, deem such contrary information material and terminate this Agreement,and(iii) shall survive the Closing: 4.2 At all times from the Effective Date until the Closing on the Property, SELLER shall keep the Property free and clear of all liens, encumbrances and/or clouds upon title, including without limitation, liens related to service,labor and/or materials furnished to, or for the benefit of,the Property,lis pendens,tax liens,permit violations, code violations, ordinance violations,and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith(including,without limitation,court costs and reasonable attorney's fees). 4.3 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim,action or proceeding,actual or threatened,against SELLER or the Property by any organization,person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding,in a materially adverse fashion)the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Land. 4.4 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. No action by any federal,state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the SELLER do not and will not violate any public or corporate obligations of the SELLER and will not conflict with or result in the breach of any condition or provision,or constitute a default under,or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture,instrument or judgment to which the SELLER is a party nor will create a lien or encumbrance upon the Property or assets of the SELLER. 4.5 SELLER represents that SELLER will not, between the date of this Agreement and the Closing,without PURCHASER'S prior written consent,which consent shall not be unreasonably withheld or delayed,except in the ordinary course of business,create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments,rights-of-way,leases,easements,covenants,conditions or restrictions. 4.6 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 4.7 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the Effective Date to the Closing Date. {00243687.3 306-9905342} 4 Page 1581 of 1675 4.8 REAL PROPERTY SOLD AS IS,WHERE IS,RELEASE: SELLER makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by SELLER at Closing in accordance with this Agreement. SELLER makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements,development potential,utility availability,legal access,economic feasibility or any other matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees that SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS"basis and that, except for the SELLER'S representations and warranties specifically set forth in this Agreement and those obligations described in the Development Agreement,PURCHASER is not relying on any representations or warranties of any kind whatsoever,except as specifically set forth in this Agreement, express or implied,from SELLER its agents,officers,or employees,as to any matters concerning the Property including,without limitation,any matters relating to(1)the quality,nature,adequacy,or physical condition of the Property, (2)the quality nature,adequacy or physical condition of soils,fill,geology,or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5)the Property's value,use,habitability, or merchantability, (6)the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7)the zoning or other legal status of the Property,(8)the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11)peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement,or(14)any other matter or matters of any nature or kind whatsoever relating to the Property. 4.9 As used herein,the term "Hazardous Materials"means (i)those substances included within the definitions of"hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto;(ii)those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances" "hazardous materials" "toxic substances"or"solid waste" m such other substances materials {00243687.3 306-9905342} 5 Page 1582 of 1675 and wastes which are regulated,or classified as hazardous or toxic,under applicable local,state or federal laws, ordinances or regulations;and any material,waste or substance which is petroleum,asbestos,polychlorinated, biphenyls,flammable explosives or radioactive materials. 5. EVIDENCE OF TITLE. 5.1 Title to the PropertX. SELLER shall convey to PURCHASER at Closing, by delivery of a Special Warranty Deed,title to the subject Property. PURCHASER may secure a title insurance commitment issued by a title insurance underwriter approved by PURCHASER, for the subject Property insuring PURCHASER'S title to the Property.The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. 5.2 If PURCHASER so desires to obtain title insurance on the Property,the PURCHASER shall have Ten (10) days from the date of receiving said commitment to examine the title commitment ("Title Inspection Period"). If PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER within ten (10) days of expiration of the Inspection Period shall notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER,and which SELLER chooses to cure,shall be cured by SELLER so as to enable the removal of said objection(s) from the title commitment within Ten (10) days after PURCHASER has provided notice to SELLER. Within five(5)days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a"cure notice") stating either(i)that the objection has been cured and in such case enclosing evidence of such cure, or(ii)that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence,then PURCHASER may(a)terminate this Agreement by written notice to the SELLER within five (5) days after receipt of a cure notice specifying an uncured objection; or(b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the uncured objection. 5.3. Survey and Legal Description. SELLER shall not have any obligation to provide a survey. PURCHASER shall have the obligation to obtain a survey prepared by a registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the land,and the location of any easements thereon and certifying the number of acres (to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and (ii) a correct legal description of the Property which,upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Land. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. {00243687.3 306-9905342} 6 Page 1583 of 1675 In the event the survey shows any material encroachments, strips, gores, or any portion of the land non-contiguous to any other portion of the Property or any other matter materially affecting the intended use of the Property or marketability of title to the Property(any such matter is herein called a"survey objection" and treated as a title defect),PURCHASER shall have a period of ten(10)days after receipt of the survey by PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASERS objection. PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will attempt to approve any such survey objection which does not affect the marketability of title or materially interfere with PURCHASERS use of the Property. In the event PURCHASER provides a notice of disapproval of a survey objection to SELLER,the rights and obligations of the parties respecting such survey objections shall be governed by Section 5.2 hereof such that the parties shall have the same rights and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.2. 6. PURCHASER'S REPRESENTATIONS. PURCHASER hereby represents and warrants to the best of its knowledge that all of the following are true and correct: 6.1 PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. 6.2 The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER do not and will not violate the corporate or organizational documents of PURCHASER and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract,mortgage, lien, lease, agreement, indenture, instrument or judgment to which the PURCHASER is a party. 6.3 No action by any federal, state, municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon PURCHASER in accordance with its terms and conditions. 6.4 All of the representations, warranties and covenants of PURCHASER contained in this Agreement or in any other document,delivered to SELLER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of Closing,just as though they were made at such time. 7. CONDITIONS PRECEDENT TO CLOSING. Each of the following events or occurrences("Conditions Precedents") shall be a condition precedent {00243687.3 306-9905342} 7 Page 1584 of 1675 to PURCHASERS obligation to close this transaction: (a) PURCHASER has completed its inspection of the Property, and performed all of its obligations and conditions of this Agreement. (b) SELLER has performed all covenants, agreements and obligations, and complied with all conditions required by this Agreement to covey clear and marketable title of the Property to PURCHASER,prior to closing. (c) Approval of this Agreement by the City of Boynton Beach City Commission. 8. CLOSING DOCUMENTS. 8.1 At Closing, SELLER shall deliver to PURCHASER a Special Warranty Deed,Bill of Sale,if applicable,No Lien/Gap Affidavit,Non-Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099 Form,and any other documents as listed as title requirements in Schedule B-I of the Title Commitment to assure the conveyance of good and marketable fee simple title of the Property to the PURCHASER. 8.2 Right to Repurchase Agreement. At Closing, PURCHASER and SELLER shall execute the Right to Repurchase Agreement as provided herein. 9. CLOSING COSTS,TAXES AND PROBATIONS. 9.1 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295,Florida Statutes,with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. In the event that,following the Closing,the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing,the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 9.2 Seller's Closing Costs. SELLER shall pay for the following items prior to or at Closing: None. 9.3 Purchaser's Closing Costs. PURCHASER shall pay for the following items prior to or at Closing: (a)Documentary Stamps on the deed as provided under Chapter 201,Florida Statutes; (b) Recording fees of the Warranty Deed, Right to Repurchase, Mortgage, if any, and any other instrument as required to be recorded in the Public Records; (c) Cost of providing marketable title as provided herein; (d) Cost of obtaining owner's title insurance policy; (e)Tax and Lien Search;and (f) Survey 10. CLOSING DATE AND PLACE. {00243687.3 306-9905342} 8 Page 1585 of 1675 The Closing will take place on or before sixty (60) days following the Effective Date, at a location designated by the SELLER. 11. TERMINATION AND DEFAULT. 11.1 Termination by Purchaser. In the event that any inspections as set forth in Section 3. herein and any review of documents conducted by the PURCHASER relative to the Property during the Inspection Period, prove unsatisfactory in any fashion,the PURCHASER,at its sole discretion,shall be entitled to terminate this Agreement. PURCHASER will provide written notice of said termination by mail or facsimile to SELLER no later than the date of expiration of the Inspection Period 11.2 Default. In the event of a default by SELLER,SELLER shall pay to PURCHASER all funds expended by PURCHASER on the development, improvement, or maintenance of the Property, prior to the Closing. Further, if SELLER defaults, PURCHASER shall have the election of the following remedies: (1) seek damages incurred by PURCHASER resulting from SELLER'S default; or(2)equitable relief to enforce the terms and conditions of this Agreement through a decree for specific performance and/or injunctive relief. 11.3 In the event of default by PURCHASER, SELLER shall have the election of the following remedies: (1) seek damages incurred by SELLER resulting from PURCHASER'S default, including without limitation; or(2) equitable relief to enforce the terms and conditions of this Agreement through a decree for specific performance and/or injunctive relief. 12. RIGHT TO REPURCHASE. SELLER expressly reserves the right at its sole option and election, to repurchase each of the individual lots identified in Exhibit "A" for the same Purchase Price as paid by PURCHASER to SELLER hereunder, in the event the SELLER shall fail to construct and obtain certificates of occupancy for five single family residences, one residence on each of the five (5) lots identified in Exhibit "A", within five hundred forty (540) days of the Closing Date; subject, however, to extensions for delays attributable to force majeure as hereinafter provided. Accordingly, prior to closing, PURCHASER and SELLER shall enter into a separate Right to Repurchase Agreement for each lot identified in Exhibit "A", which is to be recorded in the Public Records of Palm Beach County,Florida,and provide for the ability of the SELLER to repurchase each individual lot for the same Purchase Price from the PURCHASER. Notwithstanding the provisions of the immediately preceding sentences, the dates provided above may be extended on a day for day basis for delays occasioned by acts of God,catastrophe and inclement weather which is in excess of those days normally forecasted by the National Weather Service for the given month in South Florida which interfere with construction,unforeseen physical conditions on the site,unavailability or shortages of material or labor, labor disputes,governmental approvals or restrictions and any appeals thereof, claims or lawsuits by any third party(whether individual or otherwise)threatened or instituted to prevent the issuance of any approvals or permits,the commencement of construction or otherwise stop construction ofthe development after commencement, or other matters beyond the reasonable control of PURCHASER(collectively "Force {00243687.3 306-9905342} 9 Page 1586 of 1675 Majeure"). By the tenth (10) business day of each of month, PURCHASER shall deliver or cause to be delivered to SELLER a list of the days during each proceeding month as to which PURCHASER believes the Force Majeure provisions apply and the reasons therefore. SELLER shall,within ten(10)business days after receipt of any such list provide notice to PURCHASER as to whether SELLER disputes that any of the days set forth on that list would give rise to an extension of time for PURCHASER's performance based on Force Majeure. Any days claimed to be subject to the foregoing Force Majeure provision by PURCHASER which are not so disputed by SELLER within said time period shall be deemed approved by SELLER.In the event of a dispute between SELLER and PURCHASER as to whether there has been a commencement of construction as provided in this Section or whether a claim for delay is valid or otherwise in connection with this Agreement and the transactions contemplated thereby shall be endeavored to be resolved and settled by mediation using a mutually acceptable third-party mediator. Such mediator shall be appointed upon the written demand of either party.Upon such appointment,the mediation shall be held within fifteen(15)days at a mutually agreeable site in Palm Beach County, Florida. The fees and expenses of such mediator shall be born equally by the parties hereto. In the event of the failure of the parties to settle the dispute by mediation, either party may bring the dispute for legal redress before the City Court in and for Palm Beach County,Florida. 13. BROKER. The parties each represent to the other that they have not dealt with any real estate broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee or brokerage commission in accordance with Florida law. 14. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed,by limiting and reducing it,to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 15. NOTICE. All written notices shall be deemed effective if sent to the following places: PURCHASER: Boynton Beach Faith Based Community Development Corporation 2191 N. Seacrest Boulevard P.O. Box 337 Boynton Beach,FL 33425 Attn: Keturah Joseph,Executive Director SELLER: City of Boynton Beach P.O. Box 310 Boynton Beach,FL 33425 Attn: Lori LaVeniere,City Manager With Copy to: James A. Cherof,Esq. GOREN, CHEROF,DOODY&EZROL,P.A. {00243687.3 306-9905342} 10 Page 1587 of 1675 3099 East Commercial Boulevard,4200 Fort Lauderdale,Florida 33308 Tel: (561)276-9400 Fax: (954)771-4923 16. GOVERNING LAW & VENUE. This Agreement shall be governed by the laws of the State of Florida. Each party agrees that the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach County shall be the exclusive jurisdiction and venue of any litigation or special proceeding to resolve any dispute or claim arising from or related to or connected with this Agreement,including any claims based upon equity,statute,common law or rule. The parties hereby waive any objection to such forum based upon venue or forum non convenient grounds. 17. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 18. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect unless in writing and executed by both SELLER and PURCHASER. 19. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors and assigns of SELLER and PURCHASER. Any assignment of this Agreement must be approved by the City of Boynton Beach City Commission. 20. COUNTERPARTS: This Agreement may be executed in two or more counterparts,each of which shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals. 21. LITIGATION COSTS. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses incurred, including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings. 22. WAIVER OF JURY TRIAL. Each party hereby knowingly,voluntarily and intentionally waives any and all rights it may have to a trial by jury in respect of any dispute, litigation or court action(including, but not limited to, any claims, crossclaims or third-party claims) arising from, growing out of, or related to this Agreement. The parties acknowledge that this waiver is a significant consideration to, and a material inducement for the parties to enter into this Agreement. Each party hereby certifies that no representative or agent of the other party has represented, expressly or otherwise,that either party would not, in the event of such litigation, seek to enforce this waiver of right to jury trial provision. 23. PRECEDENCE. In the event of conflict, handwritten provisions shall take precedence over typewritten and printed provisions. Typewritten provisions shall take precedence over printed provisions. {00243687.3 306-9905342} 1 1 Page 1588 of 1675 24. DRAFTING. This Agreement has been negotiated and drafted mutually by the parties and shall be construed and interpreted as if both parties drafted same so that neither party shall be entitled to the benefits of any rules of construction,interpretation or enforcement against the drafters. IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates indicated above: ATTEST: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: Judith Pyle, City Clerk Steven Grant, Mayor Approved as to Form: (SEAL) Office of the City Attorney STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 20 , by Steven Grant, as Mayor of the City of Boynton Beach, Judith Pyle, City Clerk of the City of Boynton Beach, for the City of Boynton Beach, who are personally known to me or have produced as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION., a Florida not-for-profit corporation {00243687.3 306-9905342} 12 Page 1589 of 1675 By: Print Name: Title: ATTEST: By: Print Name: Title: (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 , by , and as and of Boynton Beach Faith Based Community Development Corporation, a Florida not-for-profit corporation, who is personally known to me or has produced a as identification, on behalf of Boynton Beach Faith Based Community Development Corporation, and has executed the foregoing instrument on behalf of Boynton Beach Faith Based Community Development Corporation. My commission Expires: Notary Public, State of Florida Printed Name of Notary Public {00243687.3 306-9905342} 13 Page 1590 of 1675 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: Lot 3 of Lanehart's Subdivision Replat No. 1—NW 11th Avenue, Boynton Beach, FL Folio No.: Pending issuance from PNC PAPA Parcel 2: Lot 4 of Lanehart's Subdivision Replat No. 1—NW 111 Avenue, Boynton Beach, FL Folio No.: Pending issuance from PNC PAPA Parcel 3: Lot 5 of Lanehart's Subdivision Replat No. 1—NW 11'Avenue, Boynton Beach, FL Folio No.: Pending issuance from PNC PAPA Parcel 4: 128 NW 11th Avenue Laneharts Sub E 50 ft of W 406.03 ft of Lot 7 of Laneharts Sub of S '/2 of NE 1/4 Folio No.: 08-43-45-21-19-000-0120 Parcel 5: 124 NW 11th Avenue Laneharts Sub E 50 ft of W 456.03 ft of Lot 7 of Laneharts Sub of S '/2 of NE 1/4 Folio No.: 08-43-45-21-19-000-0130 {00243687.3 306-9905342} 14 Page 1591 of 1675 181 SE, .5th Avenue Habitat Delray Beach, FL 33483 561-819-6070 for Humanity' Fax: 5111 819-017=:1 of South 11"aft Beach County www,hal)it�itsouthpaliTibe�,ich.c)rg May 29", 2018 City of Boynton Beach Lori LaVerriere, City Manager BOARD OFFICERS 100 E. Boynton Beach Blvd. Scott Sullivan, Boynton Beach, FL 33435 Chairman Rick Howard, Immediate Past&Vice Dear Lori, Chairman Brittney Kocaj, Attached please find a list and map of vacant properties which Habitat for Ireasurer&Secretary Humanity of South Palm Beach County respectfully requests that the City of Boynton Beach transfer the title/ownership of to Habitat for Humanity of South Palm Beach County Community Land Trust, Inc. (HFHSPBC CLT, INC). DIRECTORS Jason Aube Such transfer would enable us to construct single family homes consisting of Scott Banks 3-4 Bedrooms, 2 Bathrooms, 1 Car Garage, All Tile, Hurricane Impact Windows, Double Truss Strapping, Owen's Corning 20 Yr Architectural Shingle Roof, Eric Bucher Landscape with Sprinkler System, Stucco Siding to Resemble Hardy Board, Cheryl Budd Covered Porch lined with Columns and Railings, Whirlpool Appliances, Pastel Color Audrey Grolig Exterior. The timeline to complete each project would be 24 months from closing. Jason Katz We feel that with the City's help we can continue to enhance the Heart of Eric Lebersfeld Boynton Beach and our mission to upgrade the community and provide affordable and attainable housing to low income families who need it the most. Joe Martin Joseph Meeler Doug Mosley Respectful[ Robyn Rapheal-Dynan Leon Silverstein Jeffrey Fengler Director of Construction 561-371-2191 President/CEO Randy Nobles Visit Our Restores At: 1900 North Federal Highway, Delray Beach, Florida 33483 - 561-455-4441 272 South Dixie Highway, Boca Raton, Florida 33432 - 561-362-7284 SING 10055 Yamato Road,Boca Raton,FL 33498 - 561-757-6190 EGUAL HOUE Page 1"5rFff 0? 1675 i� •:.i�, d Ys31 7�}S1 Sx})ti? :>.1 ,-t„ "u. nl i '(`7)r �l7 i,{Y� �� ,1����Fa ������ �t 1st rs�� fi�I�Y.�A x��Fix��.: �,��,�a, ,,��l��, ��,1i. Nr AN"1 I pit� - � Sl �; y mp t 1 v cl tt - �4 sa.\ l co Y 7� „alta t, _0 S C v- � c � 1 :E ca. m O c �y > > N CL U T T w -5 tv T T T T C _ -._ T N Z .'L E cc cu x /yam s 7 T a � 1 l ! 17 ! Z LLJ n Page 1593 of 1675 Habitat for Humanity of South Palm Beach County EXHIBIT : Proposed Home Design ft rr» , V, �,� irm �(,r E � 1 r S11 k s t; ,M. r u, RCTs 4 = p 1 �} � 1Stiy ti3S��js 14 S Sr O��tl �L�� GYsy iJ r �r f Page 1594 of 1675 Boynton Beach Faith Based Community Development Corporation 2101 N. Seacrest Blvd. Mail: P.O. Box 337 Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561244-5046 Email: boyntonbeachcdc.org A HUD APPROVED HOUSING COUNSELING ORGANZATION June 19, 2018 Mr. Andrew Mack City of Boynton Beach Director, Public Works & Engineering 100 East Boynton Beach Blvd Boynton Beach, FL 33435 Dear Mr. Mack: The attached map identifies a list of City owned vacant properties recently replated on NW 11th Avenue. Boynton Beach Community Development Corporation (Boynton Beach CDC) and Habitat for Humanity of South Palm Beach County (Habitat) have agreed to co-develop the site. Habitat previously submitted a transfer request to the City for the following lots: 1. Lot 1 NW 11th Ave, 2. Lot 2 NW 11th Ave, 3. Lot 6 NW 11th Ave, 4. 120 NW 11th Ave 5. 116 NW 11th Ave. It is my understanding that there are six(6) remaining lots. Boynton Beach CDC hereby respectfully request that the City of Boynton Beach transfer all remaining lots in the "Replat Of A Portion Of Lanehart's Subdivision". More specifically, the requested lots are described as follows: 1. Lot 3 NW 11th Avenue 2. Lot 4 NW 11th Avenue 3. Lot 5 NW 11th Avenue 4. 124 NW 11th Avenue 5. 128 NW 11th Avenue 6. 132 NW 11th Avenue As you know, we are actively seeking to acquire vacant lots to continue our affordable housing activity in the HOB. However, there is a shortage of available buildable vacant land for sale.The lack of available land is a major impediment to our redevelopment efforts. If land is not available, and we cannot acquire additional lots, our development activities will cease and lower-wage individuals will be severely impacted. Simply put, if suitable Stites are not available or affordable to purchase/acquire, we cannot build and our housing activity will end. Page 1595 of 1675 TheCOC's primarygVal isthe creation ofsafe,� affordable housing that invovesacquiring vacant lots and distressed properties in the Heart of Boynton (HOB) either through donation or purchase, and construction of new housing units on the vacant sites.The objective of our housing development efforts (new or existing units) is the same—facilitate the creation of safe, decent housing units within the HOB redev|Oprnent6rea. Within the past three years, and with the City's support, Boynton Beach CDC built (12) new affordable homes in the HOB. All twelve homes were sold toeligible first-time buyers. We recent|ycornp|etedCnnstructionof"nevxhOnme" numberthirteen /13\ onernonthagn, and construction of"new home" number fourteen (14) will be completed in the coming weeks on vacant lots vvepurchased at518NVVl1thAve and 5I70VV1Q1hAve. |four request isgranted, the City's generous support will continue tubeinstrumental in assisiting us accomplish our goal of providing safe, decent, affordable housing opportunities for lower-wage individuals inthe HOB. This donation if granted, will cr6atesix/6\ new 3 and bedrooms, 2 bathrooms, I car garage homes for low and moderate income families, many of whom would likely not achieve their housing goals without our help. Construction ofthese homes will bmour priority, and the timeline tocomplete them will be18months. The City can continue tohelp us help those inneed ofour assistance bygranting this request, and allow the continuation of the collaborative efforts long ago established between the CDC and the City of Boynton Beach through land donations that produces new affordable housing units for deserving families and individuals. I thank you for your time and acknowledgement, and for the City's generous support in the past in hopes that you will consider our request, and look forward to your continued support. If you have any questions, please call me at 561-752-0303, as I look forward to hearing from you and appreciate your generosity. Re Wdl y submitted, Executive Director Page 1596Of1675 j } t 4 �{ 6 LO 4 § 0 LO F N i �ti}f 4 s — �t — ° w rT HA, BTU Or z g, < ir z 0 5�o Z 2'z 2 B o C) Z,u Z U Cl) J Ics LU < F2<0 cc Z., z T Q�o C> > <UX,O zo- 0, 0 8 zc W- .0 Is ui <8 .0 z z:�j C) z (D 0�0 $a N 1 w 0 x£,p � PYEB � GXYA3'i1108143N�Y34 '� C g,P x � .zs os n4:scio4 O.— 2 — ....._ w i j O O O FZ¢ O - _ °moo zY� 4 z o¢a¢ --_ ----. ---- J wm J W - P� O a J o a m �- W:,: YZ Q}O 02-0 o. g w } 0 Q Z m�w, =aaQ�� � N�Cozow J } M f'o`'mmo oCaQ�gQ - 4 F�O.z W,x W a og z m� -m� �QYZ JwE.a _- i <opo w zx20 t -- m o w Q f, 0 ? �� yY3tl14184'MY1 �.' v� __ 12.B. LEGAL 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-019 - FIRST READING - City Commission to consider amending Part 11, Chapter 2, Article I of the Code of Ordinances to create a new subsection prohibiting board member lobbying. EXPLANATION OF REQUEST: Commissioner Casello requested to discuss the topic of prohibiting board members from engaging in lobbying City staff, City Commission, CRA Board on matters that come before that board that the member serves. Attached is an Ordinance addressing that topic for the Commission to discuss and determine what action if any they would like to take. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None ALTERNATIVES: Do not approve the ordinance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ord Prohibiting Board Member Lobbying Page 1600 of 1675 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," ARTICLE 1, "IN GENERAL," SECTION 2-16 BY 6 CREATING A NEW SUB-SECTION (5) PROHIBITING BOARD 7 MEMBER LOBBYING; 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, upon the recommendation of staff, the City Commission deems it to be in 14 the best interest of the citizens and residents of the City to amend Part II, Chapter 2, Article 1, 15 "In General", of the Code of Ordinances, Section 2-16 to add sub-section (5)prohibiting board 16 members from lobbying. 17 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 18 CITY OF BOYNTON BEACH, FLORIDA,AS FOLLOWS: 19 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 21 true and correct and are hereby made a part of this Ordinance. 22 23 Section 2. Part 11, Chapter 2, "Administration" Article I, "In General," Section 2-16 is 24 hereby amended by creating a new sub-paragraph (5)to read as follows: 25 26 Sec. 2-16. City boards and commissions; minimum qualifications for appointment, membership. 27 (a) In order to qualify for appointment to and to serve as a member of any board or committee 28 of the city, an individual must be an elector of Palm Beach County, Florida. 29 (b) In selecting individuals to serve on boards and committees of the city, preference shall be 30 given to individuals who are residents of the City of Boynton Beach, provided however, that 31 non-residents who own and operate businesses located within the city may also qualify for 32 appointment provided they possess qualifications or experience uniquely suited to deal with the 33 subject matter over which the board or committee has subject matter review or power. 34 (c) No currently serving member of any board or committee shall be disqualified for falling to 35 meet the minimum qualifications set forth in this section. However, at the expiration of the term 36 of each current board of committee member, the vacancy created by that expiring term shall be 37 filled with an individual qualified in accordance with the provisions of this section. 38 (d) Notwithstanding any other provision of city code or procedural rule, no alternate member 39 of any city board may serve in the capacity of its Chairperson, Vice Chair, Chair Pro-Tem, or 40 hold any other office on said board. 1 Page 1601 of 1675 I (e) No alternate member may be moved to a regular member of the Board unless appointed by 2 the City Commission. 3 (f) When a member of any Board, with the exception of those Boards that have regularly 4 scheduled meetings more than once a month, has missed three regular monthly meetings for any 5 reason within one annual board term, that member will be notified that one additional absence 6 will cause his/her Board membership to be terminated and a replacement will be appointed at the 7 time of the next absence. Those boards that have regularly scheduled meetings more than once a 8 month shall be permitted to have six absences during any one annual board term. The seventh 9 absence shall result in removal from the board. 10 (g) No person shall be appointed to a City Board without the person first submitting an 11 application for appointment. No application for appointment shall be considered by the City 12 Commission until the application form has been fully completed and signed by the applicant. All 13 applications for appointment to a City Board shall be on a form authorized by the City 14 Commission. The City Clerk shall review all applications for completeness prior to submitting 15 them to the City Commissioners for consideration. 16 (1) Prior to appointment, a City Commissioner may request written confirmation of the 17 qualifications listed by any applicant for appointment. When a request for confirmation of the 18 qualifications is made by a City Commissioner prior to appointment, the appointment shall be 19 delayed until the information requested is submitted and made available to the members of the 20 City Commission. No person shall be appointed to a City Board when that person is unable to 21 substantiate the qualifications listed on their application. 22 (2) A member of the City Commission may request written confirmation of qualifications of 23 a person who has been appointed by the Commission to a City Board. A request for confirmation 24 shall be made by the City Commissioner to the City Clerk. The City Clerk shall make written 25 request to the Board member. A copy of the Clerk's written request shall be provided to all 26 members of the City Commission. 27 (3) Except as otherwise provided by law, a Board member who does not submit 28 documentation of the qualifications listed on the Board member's application for appointment 29 within thirty (30) days of receipt of the Clerk's written request, or who submits documentation 30 which contradicts, negates, or fails to substantiate the information listed on the Board member's 31 application shall automatically be removed from their Board position. 32 (4) A person who is removed from a City Board pursuant to the procedures set forth in this 33 section shall not be subject to reappointment to any City Board for a period of thirty-six (36) 34 months. 35 (i) The City Commission shall fill vacancies on city boards by making appointments in 36 December following the city's November commission elections, commencing with the City 37 Commission election of November, 2007. To the extent necessary to transition from April to 38 November appointment, the term of office for any board appointee which would expire in April, 39 2008 or any April thereafter shall instead expire in the preceding November. 40 41 (5) No Board Member shall lobby or otherwise advocate privately or publicly with City 42 staff member, member of the City Administration, member of the City Commission or the 43 Commission as a whole, member of the Community Redevelopment Board or the CRA 44 Board as a whole, for or against the interest of an individual, partnership, corporation, or 45 other business entity which has an application, request, or any other matter pending for 46 review or approval with the City. No Board Member shall speak at City Commission or 2 Page 1602 of 1675 I CRA Board meeting on any matter which has been before the Board on which the Board 2 Member serves. 3 4 5 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in 6 conflict herewith be and the same are hereby repealed to the extent of such conflict. 7 8 Section 4. If any clause, section, or other part or application of this Ordinance shall be 9 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 10 or invalid part or application shall be considered as eliminated and so not affecting the validity of 11 the remaining portions or applications remaining in full force and effect. 12 13 Section 5. This Ordinance shall become effective on passage. 14 15 FIRST READING this day of , 2018. 16 17 SECOND, FINAL READING AND PASSAGE this day of 18 2018. 19 20 CITY OF BOYNTON BEACH, FLORIDA 21 22 YES NO 23 24 Mayor— Steven B. Grant 25 26 Vice Mayor— Christina L. Romelus 27 28 Commissioner—Mack McCray 29 30 Commissioner—Justin Katz 31 32 Commissioner—Joe Casello 33 34 35 VOTE 36 ATTEST: 37 38 39 40 Judith A. Pyle, CMC 41 City Clerk 42 43 44 (Corporate Seal) 3 Page 1603 of 1675 12.C. LEGAL 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-020 - FIRST READING - Approve amendments to the regulations governing the methodology used for approving the Utility rates governing water, wastewater (Chapter 26-9), reuse water (Chapter 26-508), and the stormwater assessment fee (Chapter 26-403); allowing rates to be set annually by resolution of the Commission. EXPLANATION OF REQUEST: Utility operations are fully funded through an approved rate structure. As operational and capital costs increase or decrease, rates should be adjusted to ensure financial sustainability of the Utility. The Utility completed a five year rate study in 2010 through an external consultants who reviewed the projected capital I mprovement plan and operating budget, along with population growth and developed a five year rate schedule. The rate schedule included yearly increases through 2015. Since then the Utility has not adjusted rates. In order to maintain long term financial stability, rates should be adjusted annual based on projected changes in the cost of supplies, materials, labor, and contractual services. Costs changes in these categories are captured by the federal government and published in various Consumer Price Indices (CPI's). By using these indices on an annual basis Once approved the schedule does not change and cannot react to changing circumstances which might suggest higher or lower increases than those planned. In order to resolve these deficiencies the utility has developed a new, sophisticated, long term planning system that allows review of the impacts of the operating and capital improvement costs on the financial reserves on a regular basis. Revenues and costs can be forecast based upon cost indices impacting our expenses and the needs of the capital plan. The system is able to analyze the costs impacting each individual utility separately and forecast any necessary rate adjustments up or down as needed. Utilizing this tool the Utility will report to the Commission each year during the budget process, present the analysis provided by the financial planning model and request any necessary rate adjustments at that time. The required legal notice of the proposed rate change will be presented prior to the final hearing. Commission will make any resulting rate adjustments by resolution following the hearing. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A well managed and funded utility is an important part of the ongoing success of the city. The services provided are some of the essential requirements needed to provide a good quality of life to the residents. FISCAL IMPACT: Appropriate rates for the services of the Utility are essential for the long term stability of the system with the appropriate level of investment in the maintenance and improvement of the system. ALTERNATIVES: Stay with the existing method of rate adjustment. Page 1604 of 1675 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Orinance amending Chapter 26 Water, Sewers and City Utilities D Addendum Water/Watswater Rates D Addendum Reuse Rate ordinance D Addendum Storm ter rate ordinance D Ordinance Strike®Add Draft Version Water Sewer D Ordinance Strike®Add Draft Version Stormwater D Ordinance Strike®Add Draft Version Reuse water Page 1605 of 1675 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING CITY OF BOYNTON BEACH CODE OF ORDINANCES, 5 CHAPTER 26, WATER, SEWERS AND CITY UTILITIES BY 6 AMENDING THE REGULATIONS GOVERNING THE 7 METHODOLOGY USED FOR APPROVING THE UTILITY RATES 8 GOVERNING CHAPTER 26— 9,WATER,WASTEWATER, CHAPTER 9 26-508,REUSE WATER,AND CHAPTER 26-403, THE STORMWATER 10 ASSESSMENT FEE; ALLOWING RATES TO BE SET ANNUALLY BY 11 RESOLUTION OF THE COMMISSION.; PROVIDING FOR CITY 12 COMMISSION AUTHORITY, CODIFICATION, SEVERABILITY, 13 CONFLICTS,AND AN EFFECTIVE DATE. 14 15 WHEREAS,Utility operations are fully funded through an approved rate structure and 16 as operational and capital costs increase or decrease,rates should be adjusted to ensure financial 17 sustainability of the utility; and 18 19 WHEREAS, the Utility Department completed a five year rate study in 20 2010 through an external consultants who reviewed the projected capital improvement plan and 21 operating budget, along with population growth and developed a five year rate schedule; and 22 23 WHEREAS, in order to maintain long term financial stability, rates should be adjusted 24 annual based on projected changes in the cost of supplies, materials, labor, and contractual 25 services which costs changes in these categories are captured by the federal government and 26 published in various Consumer Price Indices (CPI's); and 27 28 WHEREAS, in order to resolve these deficiencies the Utility Department has 29 developed a new, sophisticated,long term planning system that allows review of the impacts of 30 the operating and capital improvement costs on the financial reserves on a regular basis; and 31 WHEREAS, revenues and costs can be forecast based upon cost indices impacting our 32 expenses and the needs of the capital plan; and 33 WHEREAS, utilizing this tool the Utility Department will report to the Commission 34 each year during the budget process, present the analysis provided by the financial planning 35 model and request any necessary rate adjustments at that time as well as the required legal 36 notice of the proposed rate change will be presented prior to the final hearing and the City 37 Commission will make any resulting rate adjustments by resolution following the hearing. 38 39 NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE 40 CITY OF BOYNTON BEACH, FLORIDA as follows: 41 42 SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as 43 being true and correct and are hereby made a part of this Ordinance. {SACA\Ordinances\Remove Utility Rates From Code(Set By Resolution)-Ordinance.Docx Page 1606 of 1675 44 45 SECTION 2. Amendment of City Code. Part II, "Code of Ordinances", Chapter 26, 46 "Water, Sewers and City Utilities", Section 26-9 of the City of Boynton Beach Code of 47 Ordinances be, and the same are hereby amended as follows: 48 49 Sec. 26-9. Water and wastewater rates and charges. 50 The monthly rates and charges for water and wastewater shall be reviewed annually by the 51 Utilities Management and the rates set by the Commission during the annual budget 52roti cess.a_ set fbi4h io the tilt ehedeles io this see Such rates shall become 53 effective on Novembef: 1 in FY 2011 12 and- October 1 of each of the fiscal years. Unless 54 otherwise agreed, rates for customers outside the city are set 25% higher thet:eaftet:affEl shat 56 57 SC-14EDULE 1. POTABLE MIATER4ZATLES 59 - R 8 S?-998 .9,BB439 8BB ei-X9-888 P���1 R Ate.., 1;r„('1�.,...� = BB 9,41em%� gaileom, gailem%� 144,4H4x s2,.5, {4 744 9i,^4^� � 4x fiQ7^9i`4 o4x *4-44 r 4 24 �01 - Q 7m ro�v 44-42- �WW S22.60 4-4-54 Q, c QQ^^ 5``4nn � $11.64 44.1v` 44- 4 4-4 Q 7m ri-ri zDs`.-a 44-74 44-4; 4-6 60 - 61 (b) Residential and cortes otitside ei 62 - R,.g Rr� 9- -BBB -9,pw 39-8, B8 9ve--x-9-9" , B8 Vf,., H4QH4 4* H4QH#4 x fi 79i4#�4 x � $14.55 *4-6--!; 4-4 �� t $14.99 ,^ nn *444 4-6 {S:ACA\Ordinances\Remove Utility Rates From Code(Set By Resolution)-Ordinance.Docx Page 1607 of 1675 63 - 65 66 (a) Residential and Coffiffief:Cial futes inside City: 67 - r4gPW Ver,. Q/4,.,,oq-„�ged4, Rate/T1.,14w., Pe,.Tl ellr�'.ogd(_'�.11.,mg) QD^�.nte,�T,{'T 8 W-a4-v-nd�f-N z010 I I X14; $29.41 -�0111- S i 6.62 Q, Q7 *1_46 P? 9? �01� 14Q$ 7.6ma41.9 � s 15 e- Det e 2444-44 68 - 69 (b) Residential and eo rtes Otitside 64-)- 70 - L';g.2141 Q^.,,��,„��.,rhr, �010 11 �01� 14 $ 85 Qc, � 15 QmmnO X945 16 $2�40 $1-� $4� 71 72 The maximum sewer commodity charge for residential customers (in city or outside city) 73 will be based upon a maximum sewer usage of seven thousand(7,000) gallons per month. 74 Commercial accounts will be billed sewer charges based upon total water usage. 75 76 For multi-family buildings and commercial buildings(in city or outside city)in which 77 several 4we4i*g-units are serviced by a single meter, the base facility charge per meter shall 78 be calculated by multiplying the number of units times the standard base charges for 79 water, sewer and stormwater. The billing for consumption shall similarly be calculated by 80 dividing the total monthly consumption for each meter by the number of units, in 81 order to determine the billing rate and amount per 4we4i*gunit which is then multiplied by 82 the number of units on each meter. Billing for utility services for multi=44ff4l-'�,unit parcels 83 shall commence on the first day that either a sewer connection is made or a water meter is set 84 in place. 85 86 If the utility account is temporarily disconnected, there shall continue to be a minimum 87 charge for water and wastewater billed monthly and calculated at the base rate for the 88 applicable billing category. 89 90 91 {S:ACA\Ordinances\Remove Utility Rates From Code(Set By Resolution)-Ordinance.Docx Page 1608 of 1675 92 SECTION 3. Amendment of City Code. Part 11, "Code of Ordinances", Chapter 26, 93 "Water, Sewers and City Utilities", Section 26-508 of the City of Boynton Beach Code of 94 Ordinances be, and the same are hereby amended as follows: 95 96 97 Sec. 26-508. Fees, rates and charges. 98 99 (a) Charges for reclaimed water use will be based on metered flows and will be billed on a 100 monthly basis per one thousand(1,000) gallons in accordance with theApproved rate 101 fo schedule=_ 102 103 The monthly rates and charges for water and wastewater shall be reviewed annually by 104 the Utilities Management and the rates set by the Commission during the annual budget 105 setting process. Such rates shall become effective on October 1 of each year. 106 ' 107 to the City, in addition to the City's rata of eighteen cents (18). 108 (2) Ghatiges io the t:ate ehat:ged to the City by the Bear-El shall t:estilt i++ a ehatige i++the total 109 rata to file n fsto eF a, the same alt s dle lute nt,n,,ge 110 111 (b) Meter installation charges and deposits, when applicable, shall be as listed in Chapter 112 26, Article 1 of the City Code of Ordinances. 113 114 115 SECTION 4. Amendment of City Code. Part 11, "Code of Ordinances", Chapter 26, 116 "Water, Sewers and City Utilities", Section 26-403 of the City of Boynton Beach Code of 117 Ordinances be, and the same are hereby amended as follows: 118 119 Sec. 26-403. Schedule of rates. 120 (a) The Director is directed to prepare a list of lots and parcels within the city and assign a 121 classification of residential, nonresidential or undeveloped to each lot or parcel. 122 (b) The monthly charge per ERU for all improved properties within the City of Boynton 123 Beach corporate limits shall be$5. T-ke City Commission may, fFo time to time, by 124 et: -__ affleod the ffietithlyhat:g established _ thisetie set by commission The 125 monthly rates and charges for water and wastewater shall be reviewed annually by the 126 Utilities Management and the rates set by the Commission during the annual budget setting 127 process. Such rates shall become effective on October 1 of each year. 128 (c) The fee imposed for residential properties shall be the rate for one ERU multiplied by 129 the number of individual dwelling units existing on the property (ERU rate) (number of 130 dwelling units). 131 (d) The fee imposed for nonresidential properties as defined herein shall be the rate for one 132 ERU for each 1,937 square feet of impervious area. 133 (e) The Director shall be responsible for determining the impervious area based on data 134 supplied by the county property appraiser, or by the property owner, tenant or developer if {SACA\Ordinances\Remove Utility Rates From Code(Set By Resolution)-Ordinance.Docx Page 1609 of 1675 135 such information is unavailable. The Director may require additional information as necessary 136 to make the determination. The billing amount shall be updated by the Director based on any 137 additions or deletions to the impervious area as approved through the building permit process. 138 (f) The minimum fee for any nonresidential parcel shall be equal to the rate for one ERU. 139 (g) There shall be no fee for undeveloped property. 140 (h) For a period of two years commencing January 1, 2010 and ending December 31, 2011, 141 a $0.25 per ERU per month surcharge shall be collected to fund a five-year fresh water canal 142 aquatic vegetation removal and control program. The surcharge funds collected shall be 143 deposited in a separate "fresh water canal maintenance account" account in the stormwater 144 utility enterprise fund. 145 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of 146 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 147 conflict. 148 Section 5. Should any section or provision of this Ordinance or any portion 149 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 150 not affect the remainder of this Ordinance. 151 Section 6. It is the intention of the City Commission of the City of Boynton 152 Beach that the provisions of this Ordinance shall become and be made a part of the Code 153 of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may 154 be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", 155 "Article" or such other word or phrase in order to accomplish such intention. 156 Section 7. This Ordinance shall become effective upon adoption. 157 158 FIRST READING this day of 2018. 159 160 {S:ACA\Ordinances\Remove Utility Rates From Code(Set By Resolution)-Ordinance.Docx Page 1610 of 1675 161 SECOND, FINAL READING AND PASSAGE this day of 162 2018. 163 164 CITY OF BOYNTON BEACH, FLORIDA 165 166 YES NO 167 168 Mayor— Steven B. Grant 169 170 Vice Mayor— Christina L. Romelus 171 172 Commissioner—Mack McCray 173 174 Commissioner—Justin Katz 175 176 Commissioner—Joe Casello 177 178 179 VOTE 180 ATTEST: 181 182 183 184 Judith A. Pyle, CMC 185 City Clerk 186 187 188 189 (Corporate Seal) 190 {SACA\Ordinances\Remove Utility Rates From Code(Set By Resolution)-Ordinance.Docx Page 1611 of 1675 Sec. 26-9. Water and wastewater rates and charges. The monthly rates and charges for water and wastewater shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget process. Such rates shall become effective on October 1 of each year. Unless otherwise agreed rates for customers outside the city are set 25% higher. The maximum sewer commodity charge for residential customers (in city or outside city)will be based upon a maximum sewer usage of seven thousand (7,000) gallons per month. Commercial accounts will be billed sewer charges based upon total water usage. For multi-family buildings and commercial buildings (in city or outside city)in which several units are serviced by a single meter, the base facility charge per meter shall be calculated by multiplying the number of units times the standard base charges for water, sewer and stormwater. The billing for consumption shall similarly be calculated by dividing the total monthly consumption for each meter by the number of units, in order to determine the billing rate and amount per unit which is then multiplied by the number of units on each meter. Billing for utility services for multi-unit parcels shall commence on the first day that either a sewer connection is made or a water meter is set in place. If the utility account is temporarily disconnected, there shall continue to be a minimum charge for water and wastewater billed monthly and calculated at the base rate for the applicable billing category. (Ord. No. 90-35, § 3, 9-18-90; Ord. No. 94-30, § 1, 9-20-94; Ord.No. 00-54, § 3, 10-17-00; Ord. No. 02-045 § 3 8-20-02; Ord. No. 07-023` §§ 2 3 9-2-07; Ord. No. 09-019 §§ 3 4 4-21-09; Ord. No. 09-037, § 2, 8-4-09; Ord. No. 11-022, .§ 2, 10-4-11) Note-See the editor's'note following§26-8. Page 1612 of 1675 Sec. 26-508. Fees, rates and charges. (a) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per one thousand (1,000) gallons in accordance with the approved rate schedule. The monthly rates and charges for water and wastewater shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget process. Such rates shall become effective on October 1 of each year. (b) Meter installation charges and deposits, when applicable, shall be as listed in Chapter 26, Article 1 of the City Code of Ordinances. Page 1613 of 1675 Sec. 26-403. Schedule of rates. (a) The Director is directed to prepare a list of lots and parcels within the city and assign a classification of residential, nonresidential or undeveloped to each lot or parcel. (b) The monthly charge per ERU for all improved properties within the City of Boynton Beach corporate limits shall be set by commission. The monthly rates and charges for shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget process. Such rates shall become effective on October 1 of each year. (c) The fee imposed for residential properties shall be the rate for one ERU multiplied by the number of individual dwelling units existing on the property (ERU rate) (number of dwelling units). (d) The fee imposed for nonresidential properties as defined herein shall be the rate for one ERU for each 1,937 square feet of impervious area. (e) The Director shall be responsible for determining the impervious area based on data supplied by the county property appraiser, or by the property owner, tenant or developer if such information is unavailable. The Director may require additional information as necessary to make the determination. The billing amount shall be updated by the Director based on any additions or deletions to the impervious area as approved through the building permit process. (f) The minimum fee for any nonresidential parcel shall be equal to the rate for one ERU. (g) There shall be no fee for undeveloped property. ((Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 2, 10-18-94; Ord. No. 00-14, § 2, 6-6-00; Ord. No. 02-12, § 2, 4-2-02; Ord. 09-047, § 2, 12-15-09) Page 1614 of 1675 Secs. 26-1-26-6. Reserved. Sec. 26-7. Lien for unpaid charge; liability for charges. (a) Lien when customer is owner of property. In addition to any other remedy provided in this chapter, when the customer is the owner of the property, the city shall have a lien against the property serviced for any and all unpaid fees and charges authorized for the city's water, sewer, stormwater, reclaimed water system. The city may record the lien in the public records of Palm Beach County, Florida. The lien shall be coequal with the lien of all county and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. Such lien when delinquent for more than 30 days may be foreclosed by the city in the manner provided by the laws of Florida for the foreclosure of mortgages on real property. The city shall be entitled to recover costs and a reasonable attorney's fee incurred in foreclosing any such lien. No change of occupancy or ownership shall affect the lien. (b) Lien when customer is tenant. When the customer is a tenant,the city shall have a lien against the leasehold interest and the tenant's personal property on the premises for all unpaid fees and charges. The city may record the lien in the public records of Palm Beach County, Florida. The lien shall be coequal with the lien of all county and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. The city shall be entitled to recover costs and a reasonable attorney's fee incurred in foreclosing any such lien. The city shall not impose a lien against the rental property for any unpaid utility charges incurred by a former occupant except to the extent that the present tenant or owner directly benefited from the services provided to the former occupant. It is presumed that a property owner benefit from the city providing utilities to the former occupant unless the property owner following the city's notice of intent to file a lien, submits an affidavit and supporting documents to the city establishing the following, when applicable: (1) The lease agreement,in effect during the time period the delinquency accrued, contained a provision or addendum which required the tenant/former occupant to pay the utilities; and (2) The property owner had no knowledge that utility payments were in arrears; (3) The property owner received no rent payment during the time period the delinquency accrued; and (4) The property owner did not have a security deposit or the security deposit was applied to delinquent rent; and (5) Prior to the time period the delinquency accrued, the property owner legally conveyed all of his/her/its interest in the respective property to an unassociated individual or entity. The owner of a rental unit shall be responsible for all fees and charges for the rental property until such time as the tenant applies for service and tenders the required deposit. Any charges prior to the current tenant's application and deposit and subsequent to the former tenant's termination shall be the responsibility of the owner. The city shall have a lien against the property serviced for all unpaid fees and charges during the period of the owner's responsibility as stated in subsection (a) of this section. (c) Liability for charges; civil actions. The customer applying for utility service shall be personally liable to the city for the payment of all fees and charges. In addition to all other Page 1615 of 1675 remedies, including the lien and foreclosure remedies set forth in (a) and (b) above, the city shall have the authority to recover from the customer in a civil legal action all unpaid fees, charges and penalties and the costs and a reasonable attorney's fee incurred in any such action, including those incurred while on appeal. Additionally, the customer shall be liable for any administrative costs the city incurs in collection of the account. (d) An administrative fee of$125.00 shall be charged to the customer whenever the city records a lien against the property serviced for unpaid water, sewer, stormwater, reclaimed water rates, fees and charges. (Ord. No. 16-005, § 3, 3-1-16) Sec. 26-8. Water and sewer connection, deposit and service charges. There is hereby established a fee structure for water and sewer service, field visits, meter connections and deposits, and miscellaneous services as set forth below: Field Visit Services Charge Per Occurrence Field visit(Including, but not limited to: initial read on, initial read shut, final read on, final read shut, temporary disconnects, non-emergency shut off for repair, customer $20 requested meter locates, and installation, movement, or removal of hydrant/construction meters.) Turn-on after hours $55 Turn-off after hours $55 Meter test(Based on meter size)* 3/4" $130 1" $150 1'/z" $206 2" $230 3" and above $515 Re-read* (customer request), Residential $30 Commercial/Multi-Family $40 Water shut-off charge for non-payment $40 Labor charge for meter upgrades $60 Flow test* $30 Dishonored checks $25 Late payment $10 Page 1616 of 1675 *No charge if meter error, city's error, or substandard flow rate is detected. Any adjustments to the utility bill will be no more than three (3) months. Customer Tampering/Damages The Utilities Department is authorized to collect expenses for damages to meters/service by customers. If damages result from tampering, a per hour rate for staff time and material will be applied. All charges will be assessed to the account where tampering/damages occurred. Charge Per Occurrence Unauthorized reconnection of service $150 Pulled meter/reinstallation (In addition to the unauthorized reconnection of service charge for instances in which unauthorized connections cannot be securely disconnected due to tampering and/or damages or inability to lock the meter.) $50 Field Visit Services Charge Per Occurrence Illegal meter bypass (For theft of service after meter has been pulled or if jumper lines are used around existing meter. This charge may be applied alone or in addition to other tampering charges.) $150 Meter Connection Charges Meter Size (in inches) Inside City Outside City Deposit 5/8 and 3/4 $220 $275 $100 1 $255 $315 $125 1 1/2 $455 $565 $250 2 $530 $660 $400 3 Furnished and installed by and at the expense of customer $750 4 Furnished and installed by and at the expense of customer $1,250 6 Furnished and installed by and at the expense of customer $2,500 8 Furnished and installed by and at the expense of customer $4,000 Construction Meters Meter Size (in inches) Penalty for Nonread/month Deposit Page 1617 of 1675 3/4 $25 $100 1 $25 $100 11/2 $25 $200 2 $25 $200 Hydrant meter $150 $600 If the customer requests to increase the size of his water meter to a size greater than originally installed, the customer shall pay only the differential cost between the original meter and the cost of the new meter for both the connection and deposit charges. (Ord. No. 90-35, § 2, 9-18-90; Ord. No. 02-045, § 2, 8-20-02; Ord, No. 09-019, § 2, 4-21-09; Ord. No. 12-007, § 2, 6-5-12) Editor's note-Ord. No. 90-35, §§2, 3, adopted Sept. 18, 1990,provided fad' the inclusion of provisions pertaining to water and sewer servicecharges and monthly rates. Such provisions, designated as§§2 6-3 6 and 26-37, have been redesignated by the editor as§§26-8 and 26-9,for purposes of classification. Sec. 26-8.1 Water and sewer deposits, accounts, credits, termination and re-connection. (a) Accounts. All utility deposits collected by the city pursuant to this chapter shall be maintained in a non-interest bearing account. (b) Credits on deposits for residential customers. On December 1 st of each year the city will refund utility deposits to residential customers who have maintained a consecutive twelve (12) month satisfactory payment record and have established services for a consecutive twenty-four (24) month period. Accounts classified as commercial are not eligible for refunds described in section (b)hereof prior to termination of service. For purposes of this section a "satisfactory payment record" shall mean that the customer: (1) Has not made more than one late payment after the expiration of 30 days from the date of mailing. (2) Has not paid with a check refused by the bank. (3) Has not been disconnected for non-payment. (4) Has not tampered with the meter. (5) Has not used service in a fraudulent or unauthorized manner. Notwithstanding the foregoing, if subsequent to the refund of the deposit to the residential customer, the customer shall become delinquent for a period in excess of 30 days the city may require the customer to pay a new deposit within 15 days of written notice. Said deposit shall also be subject to refund in accordance with the provisions of this section. Page 1618 of 1675 (c) Termination of service. Upon termination of service the deposit, if not already refunded to the customers account, shall be credited against the final bill and the balance, if any, shall be returned to the customer in the form of a check. (d) Ke-connection. Customer shall be required to place a new deposit on account according to the then current rate upon reconnection to the city system. (e) Billing for utility service for parcels that will receive both water and sewer service shall commence on the first day that either a sewer connection is made, or the water meter is set in place. Billing for parcels receiving sewer service shall commence on the day that the sewer service line is connected to the City's utility system. For initial billing periods of less than thirty (30) days, the base facility charge will be pro-rated by multiplying the standard base facility charge by the number of days the service was provided, and then dividing by thirty (30). (f) Base facility charge. The base facility charge is defined as the monthly base fee charged per unit that shall be levied upon the initiation of service. The base facility charge is used to defray those non-consumption related operational expenses such as salaries, debt service, meter reading, billing and maintenance activities associated with the City's utility department, that are incurred regardless of water usage. (g) Temporary account activation for purpose of property inspection. Customer shall be required to open a new account including a deposit under current rates. All charges will be applied in same manner as they are for all new accounts. (Ord. 95-32, § 1, 9-19-95; Ord. No. 00-54, § 2, 10-17- 00; Ord. No. 12-007, § 3, 6-5-12) Sec. 26-8.2 Water Service/Annexation Agreements. The City Manager or Utilities Director is authorized to execute individual Owner Water Service/Annexation Agreements. The Release of a Water Service/Annexation Agreement requires City Commission approval. (Ord. No. 17-006, § 2, 2-21-17) Sec. 26-9. Water and wastewater rates and charges. The monthly rates and charges for water and wastewater shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget setting process. Such rates shall become effective on October 1 of each year. Unless otherwise agreed rates for customers outside the city are set 25% higher. The maximum sewer commodity charge for residential customers (in city or outside city)will be based upon a maximum sewer usage of seven thousand (7,000) gallons per month. Commercial accounts will be billed sewer charges based upon total water usage. For multi-family buildings (in city or outside city) in which several dwelling units are serviced by a single meter, the base facility charge per meter shall be calculated by multiplying the number of dwelling units times the standard base charges for water, sewer and stormwater. The billing for consumption shall similarly be calculated by dividing the total monthly consumption for each meter by the number of dwelling units, in order to determine the billing rate and amount per dwelling which is then multiplied by the number of units on each meter. Billing for utility Page 1619 of 1675 services for multi-family parcels shall commence on the first day that either a sewer connection is made or a water meter is set in place. If the utility account is temporarily disconnected, there shall continue to be a minimum charge for water and wastewater billed monthly and calculated at the base rate for the applicable billing category. (Ord. No. 90-35, § 3, 9-18-90; Ord. No. 94-30, § 1, 9-20-94; Ord. No. 00-54, § 3, 10-17-00; Ord. No. 02-045, § 3, 8-20-02; Ord. No. 07-023, §§ 2, 3, 9-2-07; Ord. No. 09-019, §§ 3, 4, 4-21-09; Ord. No. 09-037, § 2, 8-4-09; Ord. No. 11-022, § 2, 10-4-11) Note-See the editor's note following§26-8. Page 1620 of 1675 Sec. 26-403. Schedule of rates. (a) The Director is directed to prepare a list of lots and parcels within the city and assign a classification of residential, nonresidential or undeveloped to each lot or parcel. (b) The monthly charge per ERU for all improved properties within the City of Boynton Beach corporate limits shall be set by commission The monthly rates and charges for water and wastewater shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget setting process. Such rates shall become effective on October 1 of each year. (c) The fee imposed for residential properties shall be the rate for one ERU multiplied by the number of individual dwelling units existing on the property (ERU rate) (number of dwelling units). (d) The fee imposed for nonresidential properties as defined herein shall be the rate for one ERU for each 1,937 square feet of impervious area. (e) The Director shall be responsible for determining the impervious area based on data supplied by the county property appraiser, or by the property owner, tenant or developer if such information is unavailable. The Director may require additional information as necessary to make the determination. The billing amount shall be updated by the Director based on any additions or deletions to the impervious area as approved through the building permit process. (f) The minimum fee for any nonresidential parcel shall be equal to the rate for one ERU. (g) There shall be no fee for undeveloped property. (h) For a period of two years commencing January 1, 2010 and ending December 31, 2011, a $0.25 per ERU per month surcharge shall be collected to fund a five-year fresh water canal aquatic vegetation removal and control program. The surcharge funds collected shall be deposited in a separate"fresh water canal maintenance account" account in the stormwater utility enterprise fund. (Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 2, 10-18-94; Ord. No. 00-14, § 2, 6-6-00; Ord. No. 02-12, § 2, 4-2-02; Ord. 09-047, § 2, 12-15-09) Page 1621 of 1675 Sec. 26-508. Fees, rates and charges. (a) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per one thousand (1,000) gallons in accordance with the approved rate schedule. The monthly rates and charges for water and wastewater shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget setting process. Such rates shall become effective on October 1 of each year. (b) Meter installation charges and deposits, when applicable, shall be as listed in Chapter 26, Article 1 of the City Code of Ordinances. Page 1622 of 1675 12.D. LEGAL 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 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 - STAFF RECOMMENDS ITEM REMAIN TABLED) 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 Page 1623 of 1675 recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Proposed Ordinance &Amendments D Staff Report Staff Report Page 1624 of 1675 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 1625 of 1675 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 1626 of 1675 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 1627 of 1675 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 rlistris+ 7 ❑ertahle Group R satellite dish antennae are net allowed Lr9nGG fGFMiPg. Catewni+e dr'snanteRRae properlyeFmltted pri9r-to Apr�995 nompllapne with +his 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 1628 of 1675 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 1629 of 1675 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 1630 of 1675 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) o ip 6 satellite dish an# nae whish ar ei�n d en a #ni ��� nen e-r�,Tte��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 1631 of 1675 (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 1632 of 1675 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 1633 of 1675 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 1634 of 1675 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 1635 of 1675 12.E. LEGAL 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 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. (TABLED -- STAFF RECOMMENDS ITEM REMAIN TABLED) 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 1636 of 1675 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 1637 of 1675 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 1638 of 1675 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 1639 of 1675 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 1640 of 1675 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 1641 of 1675 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 1642 of 1675 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 1643 of 1675 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 1644 of 1675 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 1645 of 1675 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 1646 of 1675 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 1647 of 1675 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 1648 of 1675 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 1649 of 1675 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 1650 of 1675 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 1651 of 1675 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 1652 of 1675 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 1653 of 1675 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 1654 of 1675 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 1655 of 1675 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 1656 of 1675 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 1657 of 1675 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 1658 of 1675 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 1659 of 1675 12.F. LEGAL 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-018 - SECOND READING - PUBLIC HEARING -Approve amendments to the Land Development Regulations Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes) thereby removing the "pilot" program status. City-initiated. EXPLANATION OF REQUEST: I n 2015 Ordinance 15-019 was adopted amending the City's Zoning Regulations to test a new zoning use labeled Landscape Debris Stockpiling, within an 18-month "Pilot" program. The pilot program was extended by Ordinance 17-005 and is set to automatically expire on August 22nd. The pilot program regulations have permitted, as a conditional use, business activity in accordance with the following definition added to the City's Land Development Regulations: "LANDSCAPE DEBRIS STOCKPILING - The temporary storage of vegetative debris such as grass, tree or shrub branches or stumps, or other common landscaping materials generated and/or collected by commercial landscaping maintenance services for use in recycling processes involving energy production, soil enhancements or mulch for example." Business operation standards were approved to regulate the performance of this use, and a few key requirements or restrictions are paraphrased as follows: • Minimum property size: 1/2 acre; • Minimum separation between a stockpile and abutting residential property: 30 ft; • No chipping of landscape materials allowed on-site (storage only); • Screening and landscape buffering required against abutting properties; • Hours of operation 8:00 am to 6:00 pm weekdays and 8:00 am to 2:00 pm Saturdays; • Maximum height of debris pile: 10 feet; • Irrigation system required to reduce flammability; • Landscape pile is to be churned at least weekly, and churning schedule maintained for Fire inspection upon request. Only one business has received conditional use approval since program inception, Mignano Lawn &Tree Care, which is the company that prompted the consideration of this pilot program. Also, recall that this company was approved for the temporary increase in pile height to 14 feet during the period of emergency declaration to accommodate the extra waste generated during last year's Hurricane Irma event. With respect to impacts and performance of this business, the use had been the cause of neighbor complaints during its early months of operation, and recently was cited for violations during a Fire inspection. No recent complaints have been received and the violations, for pile size, deficient sprinkler coverage, and lack of churning, have been corrected. If the Commission supports an increase in the pile height standard, even if for just emergency periods, staff recommends that such provisions be inserted into the ordinance for Second Reading. Page 1660 of 1675 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended; however, the Commission may e)dend the Pilot Program or allow it to sunset and direct staff to remove the use and provisions from the Zoning Regulations. The Commission may also adjust the maximum pile height, particularly to accommodate increased capacity during clean-up periods following major storm events. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Although not a specific action item, the subject business activity supports the reduction in the waste stream, and energy conservation. Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Ordinance Ordnance removing "pilot" portion of Landscape Debris Stockpiling program D Addendum Original Staff Report (2015) Page 1661 of 1675 1 ORDINANCE 18- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 APPROVING AN AMENDMENT TO PART III, LAND DEVELOPMENT 6 REGULATIONS, CHAPTER 3, ARTICLE IV, SECTION 3.D., ZONING 7 MATRIX AND NOTES, NUMBER 103, STRIKING "PILOT" PROGRAM 8 LANGUAGE; PROVIDING FOR CONFLICT, SEVERABILITY, 9 INCLUSION; AND EFFECTIVE DATE. 10 11 12 WHEREAS, on August 18, 2015 the City Commission adopted Ordinance 15-019 13 determining that the stockpiling of commercial landscape debris is a proper conditional use of 14 property in the M-1 zoning district provided certain conditions necessary for assuring the 15 health safety and welfare of the public are met; and 16 WHEREAS, the pilot program created by Ordinance 15-019 was extended by 17 Ordinance 17-005 and is set to expire on August 22, 2018; and 18 WHEREAS, private vegetation recycling services augments Palm Beach County's 19 waste management system which does not have capacity to recycle the volume of vegetation 20 waste generated countywide; and 21 WHEREAS, such regulations would support sustainable business practices through 22 the recycling of vegetation waste for mulch and compost products, facilitating the ultimate 23 return of such organic materials back to the earth. 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA: 26 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 27 ratified and confirmed by the City Commission. 1 Page 1662 of 1675 28 Section 2. That Part III, "Land Development Regulations", Chapter 3, "Zoning", 29 Article IV, Section 3.D. Zoning Matrix and Note#103 is hereby amended as follows: 30 31 103. Landscape Debris Stockpiling. 32 33 a. The commercial stockpiling of landscaping debris is allowed as a conditional use 34 in the M-1 zoning district subject to the following conditions: 35 1) Prior to commencing the operation of a landscaping debris storage site, a 36 property owner must first obtain a Business Tax Receipt and Certificate of Use from the 37 city. 38 2) A site plan notated to show operational components of the storage facility (i.e. 39 access, storage area, setback, etc). 40 3) No stockpiling of landscaping debris shall be permitted on properties of less than 41 0.5 acres. 42 4) A minimum 20-foot wide stabilized all weather access road around the perimeter 43 of the stockpile. 44 5) All stored landscaping debris shall be setback at least 30 feet from any 45 residential property line and 25 feet from all other property lines. 46 6) All storm water drainage shall be maintained on the site by appropriate 47 infrastructure and improvements as approved by the City Engineer or his or her designees. 48 7) No chipping of stockpiled debris is permitted on the site. 49 8) The perimeter of a storage site shall be screened with a wall or fence that 50 obstructs the view of the storage area from adjacent properties, except where such use 51 abuts a residential zoning district screening shall also include landscape elements that 52 meet the intent of the Landscape Barrier as defined in Chapter 4, Article II of the Land 53 Development Regulations. 54 9) The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday 55 through Friday and Saturday from 8:00 a.m. to 2:00 p.m. or as established during the 56 conditional use approval process. 57 10) Access to operations shall be only from a public right-of-way. In no case, shall 58 a delivery or removal of the stored landscaping debris utilize a private road or alley 59 serving residential uses for access. 60 11) The delivery, removal and storage shall utilize dust control measures. 61 12) Debris piles shall not be placed on surfaces intended or designed for open 62 space, or for parking or vehicle circulation. 2 Page 1663 of 1675 63 13) Storage areas shall include fire protection monitoring, alert and suppression 64 systems as approved by the City Fire Marshal. The following are minimum requirements 65 which must be demonstrated to obtain Fire Marshal approval: 66 a) No pile shall be higher than 10 feet. During any declared drought the height 67 shall be limited to six feet. 68 b) All piles shall be covered with a"breathable blanket" or site provided with a 69 sprinkler system approved by the City Fire Marshal. 70 c) All piles shall be secured behind a fence or other approved barrier that will be 71 locked at all times when not in use. 72 d) Because of the health hazards from the rotting vegetation and the vermin that 73 may live there and the fire hazard these piles shall be a minimum of 25 feet from any 74 commercial building and 40 feet from any residence. 75 e) A working garden hose shall be at the ready at all times to put out small spot 76 fires. 77 f) Each pile shall be churned at least once per week and so noted on a roster to be 78 maintained onsite and made available to a Fire Department representative on request. 79 80 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are 81 hereby repealed to the extent of such conflict. 82 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be 83 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no 84 way affect the validity of the remaining portions of this Ordinance. 85 Section 5. It is the intention of the City Commission of the City of Boynton Beach, 86 Florida,that the provisions of this Ordinance shall become and be made a part of the City of Boynton 87 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or re-lettered 88 and the word "ordinance" may be changed to "section," "article," or such other appropriate word or 89 phrase in order to accomplish such intentions. 90 Section 6. Authority is hereby given to codify this Ordinance. 91 Section 7. This Ordinance shall be effective immediately after adoption by the City 92 Commission. 3 Page 1664 of 1675 93 FIRST READING this day of , 2018. 94 SECOND AND FINAL READING ADOPTED this day of , 2018. 95 CITY OF BOYNTON BEACH, FLORIDA 96 YES NO 97 98 Mayor— Steven B. Grant 99 100 Vice Mayor— Christina L. Romelus 101 102 Commissioner—Mack McCray 103 104 Commissioner—Justin Katz 105 106 Commissioner—Joe Casello 107 108 109 VOTE 110 111 ATTEST: 112 113 114 115 Judith A. Pyle, CMC 116 City Clerk 117 118 119 (Corporate Seal) 4 Page 1665 of 1675 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 15-036 TO: Chair and Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: August 5, 2015 RE: Approve amendments to the Land Development Regulations, Chapter 1, Article 11 (Definitions), and Chapter 3, Article IV, „Section 3.D. (Zoning Matrix and Notes) to establisha new use Landscape Debris Stockpiling, including the zoning district where such use is allowed (M- 1), corresponding approval processes, and site, use and operational restrictions and standards. City-initiated. OVERVIEW The rewrite of the City's Land Development Regulations (LDR) allows staff to perform a complete review and analyze each standard, regulation, and process. As part of the post- adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. `Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would further items #1, and 94. {00050878.1 306-9001821 Page 1666 of 1675 BACKGROUND The City Commission has directed staff to prepare amendments to the Land Development Regulations intended to establish a new use within the City's Zoning Regulations titled Landscaping Debris Stockpiling, with corresponding procedures and regulations that allow for the stockpiling of vegetative matter collected by commercial businesses. The Land Development Regulations currently do not allow for the stockpiling (e.g. temporary storage) of such waste and the City Commission has embraced the pre-existing activity of a local and established landscape business as a sustainable and environmentally-wise practice. The City has learned that this business has been using its vegetative waste collected as part of its landscape services to contribute to a cooperative engaged in processing Biomass and Biochar which is used, in part, as a natural soil enhancer. Currently the City has no provisions for the storage of any waste matter within the City, and instead, all waste collected is typically delivered to a transfer station outside the City and operated by the Palm Beach County Solid Waste Authority. The subject regulations would allow the temporary storage of vegetative matter as a conditional use within the City's M-1 Zoning District, conditioned upon meeting specified site and operational requirements. Sources of the proposed standards include, in part, the County or State Health Unit, example regulations from another jurisdiction, and the City's Fire Marshall. PROPOSED DEVELOPMENT STANDARDS The most significant proposed site and,operational standards,and corresponding documentation are summarized below; 1 -Minimum parcel size for stockpiling—0.5 acre; [This is not a result of mathematical calculation but just staffs best estimate of the minimal sized parcel needed forsuch activity to,accommodate the required setback, buffering and perimeter access] ' 2 -Minimum setback between pile and abutting residential properties 30 feet and between all other properties 25'; [This minimum dimension is to account for a 20' perimeter access road and landscape buffering (see#5 below)] 3 -Maintaining stormwater/debris on site; [Wording will be included intended to ensures that stormwater does not carry debris offsite and onto adjacent properties, and measures can include proper grading and silk fencing for example] 4 -No on-site chipping of materials (storage only); [Unlike other uses addressed by the Zoning Regulations, the proposed use occurs outside a building, and therefore has the potential for impacting adjacent properties with noise, odor, etc. Therefore, the use is restricted to the most innocuous aspect of this process which is storage. Further, if the city allowed more intense processes to occur, such as chipping and mulching, such activities would not likely meet the City's sound ordinance, particularly given the close proximity to residential land uses] 5 -Minimum perimeter screening, including landscape buffer along residential property boundaries; [Additional screening along residential property boundaries is necessary to provide the visual screening necessary to block views to the debris pile which can extend up to 12 {00050878.1 306-9001821} -2- Page 2- Page 1667 of 1675 feet in height. Staff recommends that planting design comparable to a landscape barrier be required where such storage use abuts a residential use. This is consistent with the use of the landscape barrier in the LDR, which is to address potential land use incompatibilities] 6 -Hours of operation 8:00am 6:00pm weekdays; 8:00am to 10:00am Saturdays; and [Similar to the above responses, this requirement is again necessary to regulate a use which is not within an enclosed building and which may be located in close proximity to residential uses, and pursuant to Commission directive, staff has reviewed the original hours of operation and discussed them with the business operator. The proposed hours have been changed slightly to offer 1 additional hour in both the morning and afternoon periods on weekdays, and 2 additional hours in the morning period on Saturdays. No activity would be permitted on Sunday] 7 -Fire and safety-related concerns are addressed with a maximum pile height standard of 12 feet consistent with the County's Health Unit,`a'requirement to cover or irrigate the pile; proper fencing and security to prevent unauthorized access; separation standards from adjacent buildings; and the requirement;;to churn the debris pile weekly to control decomposing, pile temperature and combustibility. The ordinance contains two additional provisions, one to allow for the continued operation of pre-existing debris piling activities, and the second to establish these use regulations as a pilot program to be evaluated in 18 months to check for unintended consequences and for fulfillment of the intent of the new regulations. The regulations would not exempt existing business activities from the new requirements, but phase the requirements so that all standards are met within 18 months. The proposed regulations are included verbatim within the attached ordinance that was approved by the City Commission on First Reading at their August 4th meeting. Not indicated on the current ordinance, but to be suggested by Staff for Final Reading, will be an additional standard that excludes certain areas from stock piling such as areas intended for open space, and parking and circulation areas_ Any recommendations from the Board will also be forwarded to the Commission for consideration at time of Second Reading of the proposed ordinance. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendments to provide the proper zoning accommodations for the desired use, to maximize compatibility of land uses, and to ensure safe business operations. Attachment {00050878.1 306-9001821} -3 - Page 1668 of 1675 13.A. FUTURE AGENDA ITEMS 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Update from staff on status of allowing dogs on the beach -August 21, 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 1669 of 1675 13.B. FUTURE AGENDA ITEMS 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Approved J R Watersports Expansion (COUS 18-003/ MSPM 18-005) request for Conditional Use and Major Site Plan Modification for the expansion of the abutting business, including refurbishing of an existing 2,413 square foot building and associated site improvements on 711 N. Federal Highway, in the C-4 (General Commercial) zoning district. Applicant: Michael Wood. - August 21, 2018 EXPLANATION OF REQUEST: Mike Wood, owner of J R Watersports (aka South Florida Marine) is seeking Conditional Use/ Major Site Plan Modification approval for the expansion of J R Watersports onto the property purchased from the Community Redevelopment Agency (CRA) located south of the existing business, including refurbishing of the 2,413 square foot building and associated site improvements. As described in the Use Matrix of the Land Development Regulations (LDR), a Boat Dealer is a "Conditional Use" within the C-4 (General Commercial) zoning district, and therefore requires Conditional Use approval, as well as Major Site Plan Modification approval for the site and building improvements. The site formerly housed the Amerigas Propane Company and was purchased by the Community Redevelopment Agency (CRA) in an attempt to revitalize the property and bring in business to energize the area. The CRA then invited the public to submit proposals for the property. Mike Wood, as the abutting property owner to the north was selected, which promotes the expansion of his existing business onto the premises, and therefore the increase in water-dependent business enterprises in the downtown. Staff has reviewed the request and recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Increase in property value associated with the proposed improvements and fees associated with required permits and business tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 1670 of 1675 Is this a grant? Grant Amount: Page 1671 of 1675 13.C. FUTURE AGENDA ITEMS 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 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 1672 of 1675 13.D. FUTURE AGENDA ITEMS 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 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 1673 of 1675 13.E. FUTURE AGENDA ITEMS 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 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 1674 of 1675 13.F. FUTURE AGENDA ITEMS 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 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 1675 of 1675